Ordinary Meeting - 15 July 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 15 July
- Minutes: council's 2021 archive, under 15 July
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 Special Meeting held on 16 June 2021 be received and confirmed. Carried unanimously
The Minutes of the Special Meeting held on 16 June 2021 be received and confirmed.
Moved by Karen Finzel, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
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The Minutes of the Ordinary Meeting held on 17 June 2021 be received and confirmed. Carried unanimously
The Minutes of the Ordinary Meeting held on 17 June 2021 be received and confirmed.
Moved by Frank Wilkie, seconded by Tom Wegener.
Carried unanimously. The minutes do not name who voted which way.
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The Minutes of the Special Meeting held on 30 June 2021 be received and confirmed. Carried unanimously
The Minutes of the Special Meeting held on 30 June 2021 be received and confirmed.
Moved by Frank Wilkie, seconded by Karen Finzel.
Carried unanimously. The minutes do not name who voted which way.
- Petition: Opposition to Council Introducing 24/7 4HR Parking Restrictions Within Little Cove
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That the petition signed by over 200 people tabled by Cr Lorentson opposing the 4hr parking restrictions proposed to commence in mid July 2021 within the Little… Deputations Carried unanimously
That the petition signed by over 200 people tabled by Cr Lorentson opposing the 4hr parking restrictions proposed to commence in mid July 2021 within the Little Cove area, be received and referred to the Chief Executive Officer to determine appropriate action.
Moved by Amelia Lorentson, seconded by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
- Petition: Request for Council to Install a Fenced Dog Park in Noosa Shire
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That the petition signed by 214 people tabled by Cr Stewart requesting that Council install a fenced dog park in Noosa, be received and referred to the Chief Ex… Deputations Carried unanimously
That the petition signed by 214 people tabled by Cr Stewart requesting that Council install a fenced dog park in Noosa, be received and referred to the Chief Executive Officer to determine appropriate action.
Moved by Clare Stewart, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Environment Project & Alliance Grants
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That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes o… Grants & funding Carried unanimously
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person would not have a perception of bias considering the community nature of this relationship and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Clare Stewart, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the report by the Environment Services Manager to the Planning & Environment Committee Meeting dated 6 July 2021 and approve the Environment P… Grants & funding Carried unanimously
That Council note the report by the Environment Services Manager to the Planning & Environment Committee Meeting dated 6 July 2021 and approve the Environment Project Grants and Environment Alliance funding recommendations for this round as outlined in Attachment 1 to the report.
Moved by Frank Wilkie, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Planning Applications Decided by Delegated Authority – May 2021
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That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on th… Carried unanimously
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on this matter because Council believes that Cr Stewart does not have a close personal relationship with Mr Taylor and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Frank Wilkie, seconded by Brian Stockwell.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the report by the Development Assessment Manager to the Planning & Environment Committee Meeting dated 6 July 2021 regarding planning applicat… Carried unanimously
That Council note the report by the Development Assessment Manager to the Planning & Environment Committee Meeting dated 6 July 2021 regarding planning applications that have been decided by delegated authority.
Moved by Frank Wilkie, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
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That the report of the Planning & Environment Committee dated 6 July 2021 be received and the recommendations therein be adopted except where dealt with by sepa… Carried unanimously
That the report of the Planning & Environment Committee dated 6 July 2021 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- 2021-22 Community Grants Program Funding – Community Project Grants (Round One) - Events
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That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on th… Grants & funding Carried unanimously
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on this matter because Council believes that a reasonable person would not have a perception of bias because Cr Stewart does not stand to receive a personal benefit or loss in relation to this funding, and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Frank Wilkie, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 July 2021 and approve the recommended… Grants & funding Carried unanimously
That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 July 2021 and approve the recommended Round 1 2021-22 Community Project Grants – Events provided in Attachment 1 to the report.
Moved by Joe Jurisevic, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- 2021-22 Community Grants Program Funding – Community Project Grants (Round One) – Infrastructure
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That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes o… Grants & funding Carried unanimously
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that given the community nature of Cr Stockwell’s donation to the Club, a reasonable person would trust that the final decision is made in the public interest.
Moved by Amelia Lorentson, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public interest that Cr Wegener participates and votes on th… Grants & funding Carried unanimously
That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public interest that Cr Wegener participates and votes on this matter because Council believes that Cr Wegener does not have a close association with Sunshine Butterflies and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Clare Stewart, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 July 2021 and approve the recommended… Grants & funding Carried unanimously
That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 July 2021 and approve the recommended Round 1 2021-22 Community Project Grants – Infrastructure provided in Attachment 1 to the report.
Moved by Frank Wilkie, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Community Program Funding – Community Alliance 2021/22
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That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on th… Grants & funding Carried unanimously
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on this matter because Council believes that a reasonable person would not have a perception of bias because Cr Stewart does not stand to receive a personal benefit or loss in relation to this funding, and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Frank Wilkie, seconded by Karen Finzel.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 July 2021 and approve the recommended… Grants & funding Carried unanimously
That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 July 2021 and approve the recommended 2021/22 Community Alliance agreements as provided in Attachment 1 to the report.
Moved by Frank Wilkie, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Community Program Funding – Three Year Maintenance of Community Sports Fields
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That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on th… Grants & funding Carried unanimously
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on this matter because Council believes that a reasonable person would not have a perception of bias because Cr Stewart does not stand to receive a personal benefit or loss in relation to this funding, and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Amelia Lorentson, seconded by Karen Finzel.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 July 2021 and approve the recommended… Grants & funding Carried unanimously
That Council note the report by the Community Development Manager to the Services & Organisation Committee Meeting dated 6 July 2021 and approve the recommended three year Maintenance of Community Sports Fields agreements as provided in Attachment 1 to the report.
Moved by Frank Wilkie, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Community Tenure Renewals
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That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on th… Carried unanimously
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on this matter because Council believes that a reasonable person would not have a perception of bias because Mr Cookman does not stand to receive a personal benefit or loss in relation to this tenure renewal in relation to this funding, and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Karen Finzel, seconded by Tom Wegener.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public interest that Cr Lorentson participates and votes o… Carried unanimously
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public interest that Cr Lorentson participates and votes on this matter because Council believes that a reasonable person would not have a perception of bias because Mr Cookman does not stand to receive a personal benefit or loss in relation to this tenure renewal in relation to this funding, and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Joe Jurisevic, seconded by Brian Stockwell.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the report by the Property Officer to the Services & Organisation Committee Meeting dated 6 July 2021; and A. Authorise the Chief Executiv… Carried unanimously
That Council note the report by the Property Officer to the Services & Organisation Committee Meeting dated 6 July 2021; and A. Authorise the Chief Executive Officer to enter into tenure renewal negotiations with community organisations noted in Attachment 1, in accordance with the Community Purpose Land and Infrastructure Tenure Policy; and B. Apply the exception to the requirement for tendering under Section 236 (1) (b) (ii) of the Local Government Regulation 2012 for disposal of a non-current asset other than by tender or auction if the valuable non-current asset is disposed of to a community organisation.
Moved by Joe Jurisevic, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
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That the report of the Services & Organisation Committee dated 6 July 2021 be received and the recommendations therein be adopted except where dealt with by sep… Carried unanimously
That the report of the Services & Organisation Committee dated 6 July 2021 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Moved by Frank Wilkie, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- MCU19/0119.02 Other Change to a Development Approval for a Material Change of Use for Multiple Housing - Type 2 Duplex and Short-term Accommodation and Operational Works (Drainage Work, Stormwater, Earthworks, Landscaping, Carparking & Access) 2 Nola Street, Noosaville
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That the operation of the Standing Orders or any relevant provision thereof be suspended to allow Council to consider the issue of housing availability for perm… Carried unanimously
That the operation of the Standing Orders or any relevant provision thereof be suspended to allow Council to consider the issue of housing availability for permanent residents in Noosa.
Moved by Clare Stewart, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
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A. Request the CEO to urgently provide a report to Council on options available to Council to address the shortage of housing availability for permanent resi… motion Development Superseded
A. Request the CEO to urgently provide a report to Council on options available to Council to address the shortage of housing availability for permanent residents in Noosa with the report to include consideration of the following: i. details of what additional data and empirical research is required into the housing situation in Noosa; ii. details of the Ministerial condition for the Noosa Plan relating to short term accommodation and the timing for Council’s response to that condition; and iii. what interim policy responses may be available to the Council in respect of the impact of short term accommodation approvals upon available housing supply B. Note that Council at its Ordinary Meeting of 18 March 2021 resolved to “update the Noosa Council Housing Needs Assessment prepared by Briggs & Mortar Pty Ltd in 2017 with regard to the provisions of Noosa Plan 2020 and the local housing situation and trends” and that this review shall address the supply of housing for permanent residents, and the impact short term accommodation has on this supply and inform the assessment of future development applications for short term accommodation. Amendment No. 1
Moved by Amelia Lorentson, seconded by Joe Jurisevic.
The minutes record no vote on this motion: they go straight on to the amendment that followed, below.
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That item A, iv be added to read: iv. commissioning a report by an independent specialist consultant into the housing situation in Noosa amendment Development Carried unanimously
That item A, iv be added to read: iv. commissioning a report by an independent specialist consultant into the housing situation in Noosa
Moved by Clare Stewart, seconded by Karen Finzel.
Carried unanimously. The minutes do not name who voted which way.
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That the first line below be inserted above Item A and that Item A be changed to read: That Council acknowledges the current housing crisis is a priority issue … amendment Development Carried unanimously
That the first line below be inserted above Item A and that Item A be changed to read: That Council acknowledges the current housing crisis is a priority issue for Council to address and A: Request the CEO to urgently provide a report to Council on the range of short, medium and long term options available to Council to address the shortage of housing availability for permanent residents in Noosa with the report to include consideration of the following. and that items v, vi, and vii be added to read: v. the opportunities and potential impact associated with adopting a Temporary Local Planning Instrument , including to facilitate auxiliary dwelling units in appropriate locations; vi. opportunities and potential impact of brokering community housing and emergency housing options on council and community land which targets the most affected demographic groups (e.g. hospitality workers and single women over 50); and vii. potential policy positions that advocate for more state and federal government investment in housing in the shire.
Moved by Brian Stockwell, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
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That item vi. be amended to read: vi. opportunities and potential impact of brokering community housing and emergency housing options on council and communit… amendment Development Carried unanimously
That item vi. be amended to read: vi. opportunities and potential impact of brokering community housing and emergency housing options on council and community land which targets the most affected demographic groups (e.g. hospitality workers, essential/key workers in the health industry and single women over 50); and
Moved by Karen Finzel, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
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That Council acknowledges the current housing crisis is a priority issue for Council to address and A. Request the CEO to urgently provide a report to Counc… Development Carried unanimously
That Council acknowledges the current housing crisis is a priority issue for Council to address and A. Request the CEO to urgently provide a report to Council on the range of short, medium and long term options available to Council to address the shortage of housing availability for permanent residents in Noosa with the report to include consideration of the following:- i. details of what additional data and empirical research is required into the housing situation in Noosa; ii. details of the Ministerial condition for the Noosa Plan relating to short term accommodation and the timing for Council’s response to that condition; and iii. what interim policy responses may be available to the Council in respect of the impact of short term accommodation approvals upon available housing supply. iv. commissioning a report by an independent specialist consultant into the housing situation in Noosa v. the opportunities and potential impact associated with adopting a Temporary Local Planning Instrument, including to facilitate auxiliary dwelling units in appropriate locations; vi. opportunities and potential impact of brokering community housing and emergency housing options on council and community land which targets the most affected demographic groups (e.g. hospitality workers, essential/key workers in the health industry and single women over 50); and vii. potential policy positions that advocate for more state and federal government investment in housing in the shire. B. Note that Council at its Ordinary Meeting of 18 March 2021 resolved to “update the Noosa Council Housing Needs Assessment prepared by Briggs & Mortar Pty Ltd in 2017 with regard to the provisions of Noosa Plan 2020 and the local housing situation and trends” and that this review shall address the supply of housing for permanent residents, and the impact short term accommodation has on this supply and inform the assessment of future development applications for short term accommodation.
Moved by Amelia Lorentson, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
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That standing orders be resumed. Carried unanimously
That standing orders be resumed.
Moved by Clare Stewart, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
- MCU21/0046 – Application for a Material Change of Use – Short-term Accommodation at 2 Lowry St, Peregian Beach
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That Council note the report by the Development Planner to the General Committee Meeting dated 6 July 2021 regarding Application No. MCU21/0046 for a Developmen… motion Development Lost · 1–6
That Council note the report by the Development Planner to the General Committee Meeting dated 6 July 2021 regarding Application No. MCU21/0046 for a Development Approval for a Material Change of Use for Short-term Accommodation, situated at 2 Lowry Street, Peregian Beach and A. Approve the application in accordance with the following conditions: PLANNING When Conditions must be Complied With 1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. Approved Plans 2. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date - - Floor Plan – Received by applicant - on the 18 March 2021 RH Sheet 01-1 CH Site Plan prepared by AV Jennings 19-09-05 Limited Currency 3. This development approval lapses if the use has not happened by 15 July 2027, unless an application to extend the currency period is approved by Council. Nature and Extent of Approved Use 4. No more than 8 guests may occupy the premises at any time. 5. All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm each night. 6. 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 7. 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 8. Existing car parking on site, as detailed on the approved plans, must be maintained and kept available for users of the short term accommodation. 9. 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 10. 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. 11. 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 12. 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. 13. 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 14. 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. 15. 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 4 to 7 of this development approval. 16. The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests. Complaints Management 17. The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time. 18. The contact person must respond to all complaints within 30 minutes of notification of a complaint. 19. 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. 20. 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: a. the written record of complaints referred to in condition 18; and b. the register referred to in condition 20 B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. C. Find the following matters relevant to the assessment and sufficient reason to approve the application: 1. The proposed short term accommodation is consistent with previous approvals granted in Noosaville and Sunshine Beach. 2. The proposed short term accommodation is identified as a consistent use in the medium density residential zone by the Noosa Plan 2020.
Moved by Clare Stewart, seconded by Karen Finzel.
for 1 — Clare Stewart
against 6 — Brian Stockwell, Joe Jurisevic, Amelia Lorentson, Frank Wilkie, Karen Finzel, Tom Wegener -
That Council note the report by the Development Planner to the General Committee Meeting dated 12 July 2021 regarding Application No. MCU21/0046 for a Developme… Development Carried · 5–1
That Council note the report by the Development Planner to the General Committee Meeting dated 12 July 2021 regarding Application No. MCU21/0046 for a Development Permit for Material Change of Use - Short-term Accommodation situated at 2 Lowry St Peregian Beach and: A. Refuse the application in accordance with the following conditions: 1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the community and 3.3.3 Housing Choice (n) of the Strategic Framework, as increased visitor accommodation is not sought or needed for the area and visitor accommodation will further erode the permanent housing in the area, impacting permanent resident amenity. 2. The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome (2)(o) and Performance Outcome PO1, PO2 & PO15 of the Coastal Communities Local Plan Code as: i. The extent of visitor accommodation has started to erode the available supply of permanent housing in the local plan area. ii. The proposal seeks to establish a short-term accommodation in an area which is predominantly permanent residential dwellings; and iii. Additional visitor accommodation in the area is likely to result in detrimental impacts on the residential neighbourhood and amenity of permanent residents. 3. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code as: i. The proposed visitor accommodation is not appropriately located in Peregian Beach being in an area that is predominantly home to permanent residents and consequently does not integrate well into the area. ii. The proposed visitor accommodation is likely to detract from the amenity enjoyed by residents given resident’s reasonable expectations for the area. 4. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and (h) of the Medium Density Residential Zone Code as: i. The proposal seeks to establish a new short-term visitor accommodation facility within a dwelling and is not located within a well-established resort or holiday units. ii. There are a number of sites advertised as being available for visitor accommodation in the immediate neighbourhood and zoned medium density residential. 5. There is no need for additional short term accommodation in the area. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Tom Wegener, seconded by Frank Wilkie.
for 5 — Tom Wegener, Frank Wilkie, Brian Stockwell, Karen Finzel, Joe Jurisevic
against 1 — Clare Stewart -
That the report of the General Committee dated 12 July 2021 be received and the recommendations therein be adopted except where dealt with by separate resolutio… Development Carried unanimously
That the report of the General Committee dated 12 July 2021 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Moved by Joe Jurisevic, seconded by Karen Finzel.
Carried unanimously. The minutes do not name who voted which way.
- Further Report - MCU19/0119.02 for an Other Change Application to a Development Approval for a Material Change of Use for Multiple Housing – Type 2 Duplex and Short Term Accommodation and Operational Works at 2 Nola Street, Noosaville
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That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 July 2021 and the further report to the Ordinary… Development Report-backs Carried · 5–2
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 July 2021 and the further report to the Ordinary Meeting dated 15 July 2021 regarding Application No. MCU19/0119.02 & OPW19/0216.02 for an Other Change to a Development Approval for a Material Change of Use for Multiple Housing - Type 2 Duplex and Short-term accommodation and Operational…
Only the opening of this motion is shown; the full text is in the minutes on council's 2021 archive.
Moved by Clare Stewart, seconded by Brian Stockwell.
for 5 — Clare Stewart, Joe Jurisevic, Brian Stockwell, Amelia Lorentson, Karen Finzel
against 2 — Tom Wegener, Frank Wilkie - Further Report - MCU20/0149 – for Application for a Material Change of Use for Short-term Accommodation at 29 Ferguson St, Sunshine Beach
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Cr Stockwell returned to the meeting. That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 July 2021 … Development Report-backs Carried · 5–2
Cr Stockwell returned to the meeting. That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 July 2021 and the further report to the Ordinary meeting dated 15 July 2021 regarding Application No. MCU20/0149 for a Development Permit for Material Change of Use - Short-term accommodation situated at 29 Ferguson St Sunshine Beach and: A. Approve the application in accordance with the following conditions: PLANNING When Conditions must be Complied With 1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. Approved Plans 2. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date A000 W Site Plan 11/03/21 A101 W Basement Plan 11/03/21 A102 W Ground Floor Plan 11/03/21 A103 W Roof Plan 11/03/21 A201 W Elevations 11/03/21 A202 W Elevations 11/03/21 A203 W Elevations 11/03/21 A204 W Elevations 11/03/21 3. The building including the roofed terrace must be setback a minimum of 6m from the front boundary to Ferguson Street. Currency 4. This development approval lapses if the use has not happened by 15 July 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 3. 6. No more than 6 guests may occupy the premises at any time. 7. All outdoor areas, including balconies, decks, pool and the like, must 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, as detailed on the approved plans, 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 4 to 7 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: a. the written record of complaints referred to in condition 19; and b. the register referred to in condition 21 B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. C. Find the following matters relevant to the assessment and sufficient reason to approve the application: 1. The proposed short term accommodation is consistent with previous approvals granted in Noosaville and Sunshine Beach 2. The proposed short term accommodation is identified as a consistent use in the medium density residential zone by the Noosa Plan 2020.
Moved by Amelia Lorentson, seconded by Clare Stewart.
for 5 — Amelia Lorentson, Clare Stewart, Brian Stockwell, Joe Jurisevic, Karen Finzel
against 2 — Tom Wegener, Frank Wilkie - Further Report - MCU15/0069.01 Other Change to a Development Approval for a Material Change of Use for Multiple Housing - Type 2 Duplex and Short-term Accommodation at 1/39 Duke Street, Sunshine Beach
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That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 6 July 2021 and the further report to the Ordinar… Development Report-backs Carried · 5–2
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 6 July 2021 and the further report to the Ordinary Meeting dated 15 July 2021 regarding Application No. MCU15/0069.01 for an Other Change to a Development Approval for a Material Change of Use for Multiple Housing - Type 2 Duplex And Short-Term Accommodation at 1/39 Duke Street, Sunshine Beach and: A. Approve the application in accordance with the following additional conditions: PLANNING When Conditions must be Complied With 1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. Approved Plans 2. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date SD.101 S5 Site/Cover Sheet, prepared by Kidd + Co 31.08.2015 SD.201 S5 Ground Floor Plan, prepared by Kidd + Co 31.08.2015 as annotated by Council SD.202 S5 First Floor Plan, prepared by Kidd + Co as 31.08.2015 annotated by Council SD.501 S5 Elevations, prepared by Kidd + Co as 31.08.2015 annotated by Council SD.502 S5 Elevations, prepared by Kidd + Co as 31.08.2015 annotated by Council SD.503 S5 Elevations, prepared by Kidd + Co as 31.08.2015 annotated by Council Currency 3. This development approval lapses if the use has not happened by 15 July 2027, unless an application to extend the currency period is approved by Council. Nature and Extent of Approved Use 4. The total number of bedrooms on the site must not exceed 3. 5. No more than 6 guests may occupy the premises at any time. 6. All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm each night. 7. 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 8. 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 9. Existing car parking on site, as detailed on the approved plans, must be maintained and kept available for users of the short term accommodation. 10. 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 11. 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. 12. 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 13. 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. 14. 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 15. 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. 16. 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 4 to 7 of this development approval. 17. The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests. Complaints Management 18. The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time. 19. The contact person must respond to all complaints within 30 minutes of notification of a complaint. 20. 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. 21. 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: a. the written record of complaints referred to in condition 18; and b. the register referred to in condition 20 B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. C. Find the following matters relevant to the assessment and sufficient reason to approve the application: 1. The proposed short term accommodation is consistent with previous approvals granted in Noosaville and Sunshine Beach 2. The proposed short term accommodation is identified as a consistent use in the high density residential zone by the Noosa Plan 2020.
Moved by Karen Finzel, seconded by Amelia Lorentson.
for 5 — Clare Stewart, Amelia Lorentson, Brian Stockwell, Joe Jurisevic, Karen Finzel
against 2 — Tom Wegener, Frank Wilkie - Financial Performance Report – June 2021 Interim Position
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That Council note the report by the Manager Financial Services to the Ordinary Meeting dated 15 July 2021 outlining the interim 2020/21 full year financial perf… Budget & finance Carried unanimously
That Council note the report by the Manager Financial Services to the Ordinary Meeting dated 15 July 2021 outlining the interim 2020/21 full year financial performance against budget, including key financial sustainability indicators.
Moved by Joe Jurisevic, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
Source
- Council recording: full video © Noosa Shire Council
- Agenda and minutes: council's 2021 meeting archive
- Decisions: our votes register, parsed from council's minutes
- Council's meetings index: noosa.qld.gov.au