General Committee Meeting - 19 April 2022
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 2022 archive, under 19 April
- Minutes: council's 2022 archive, under 19 April
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 14 March 2022 be received and confirmed. committee resolution Carried unanimously
The Minutes of the General Committee Meeting held on 14 March 2022 be received and confirmed.
Moved by Clare Stewart, seconded by Karen Finzel.
Carried unanimously. The minutes do not name who voted which way.
- 51901.4116.01 - Minor Change to an Existing Approval for (Dual Occupancy) at 1/22 & 2/22 Kingfisher Dr Peregian Beach
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That Cr Lorentson be appointed as Acting Chairperson of the meeting for this item for the purpose of considering the conflict of interest declaration by Cr Wilk… committee resolution Carried unanimously
That Cr Lorentson be appointed as Acting Chairperson of the meeting for this item for the purpose of considering the conflict of interest declaration by Cr Wilkie.
Moved by Brian Stockwell, 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 Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this… committee resolution Carried · 5–1
That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that he does not stand to receive a personal benefit or loss in relation to this matter and do not have a close personal relationship with Sharon and Morrie Barnes and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Brian Stockwell, seconded by Tom Wegener.
for 5 — Clare Stewart, Brian Stockwell, Karen Finzel, Tom Wegener, Amelia Lorentson
against 1 — Joe Jurisevic
not eligible: Frank Wilkie -
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 April 2022 regarding Application No. 51901.4116… motion Lost unanimously
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 April 2022 regarding Application No. 51901.4116.01 to make a minor change to an existing approval for a Dual Occupancy at Brolga Place 1/22 & 2/22 Kingfisher Dr Peregian Beach and request a further report for the Ordinary Meeting providing an alternative motion for approval.: A. Refuse the change for the following reasons: 1. The proposal does not comply with Overall Outcome 2 (c), Performance outcomes PO9, PO10, PO11, PO12 and PO14 of the Medium Density Residential Zone code in Noosa Plan 2020 as the proposed changes will: a. Exceed the maximum site cover and gross floor area sought for the area; b. Contribute to the buildings bulk and scale, are not compatible with the site’s small area and will dominates the streetscape; and c. Reduce the extent of landscape area provided for the site. 2. The proposal does not comply with Acceptable outcome AO12.1 and corresponding Performance outcome PO12 (a) and (f) of the Medium Density Residential Zone code in Noosa Plan, as the proposed setback to the front boundary will: a. Bring the existing deck further forward of the adjoining premises (20 Kingfisher Dr) affecting their amenity; and a. Not be consistent with the predominant character of the streetscape. 3. The proposal is contrary to the Overall outcome (2) (b) and (c) and Performance Outcomes PO4 & PO10 (b), & (e) of the Dual Occupancy and Multiple Dwelling Code in Noosa Plan 2020 as: a. The existing building is of a bulk and scale that is not consistent with the existing character sought for the area and the proposed changes will contribute additional bulk and scale; b. The development does not contribute to the streetscape as the proposed changes will encroach further into the front setback; and c. The proposed changes will reduce the extent of, and opportunities for landscape areas on site. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Amelia Lorentson, seconded by Clare Stewart.
Lost unanimously. The minutes do not name who voted which way.
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That the General Committee Agenda Item 2 be deferred to the Ordinary Meeting. committee recommendation Carried unanimously
That the General Committee Agenda Item 2 be deferred to the Ordinary Meeting.
Moved by Brian Stockwell, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- MCU21/0083 - Application for a Material Change of Use – Multiple Dwellings (8 X Dwelling Units) at 25 and 27 Toolar Street, Tewantin
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That Council note the report by the Project Coordinator Planning to the Planning & Environment Committee Meeting dated 12 April 2022 regarding, Application No. … committee recommendation Development Carried unanimously
That Council note the report by the Project Coordinator Planning to the Planning & Environment Committee Meeting dated 12 April 2022 regarding, Application No. MCU21/0083 for a Development Permit for Material Change of Use - Multiple dwelling, situated at 25 & 27 Toolar St Tewantin and note that the applicant has stopped the decision period pursuant to the Planning Act 2016: :A. Refuse the application for the following reasons: 1. The proposal results in a development that does not comply with the following provisions of the Medium Residential Zone Code: a. Overall Outcome 6.3.2.2 (2) (c) as the scale and form of the proposed development is not in keeping with the surrounding streetscape and development. b. Acceptable Outcome AO12.1 and AO12.2 and Performance Outcomes PO2, PO9, PO10, PO11, PO12 as: i. the proposal exceeds the maximum site cover and plot ratio sought for the Medium Residential Zone and proposes insufficient front setbacks ii. will be imposing on the neighbouring properties and visually dominate the street; iii. will not be compatible with the scale of development in the surrounding area; iv. will present excessive building bulk to adjacent and surrounding properties, and the street; v. will not be in keeping with the character of the surrounding area; vi. will not be in keeping with the medium density residential amenity; and vii. does not allow for sufficient landscaping and spacing between the proposed building and the front boundary. 2. The proposal results in development that does not comply with the following provisions of the Dual Occupancy and Multiple Dwelling Code: a. Overall Outcome 9.3.3.2 (2) (b) & (c) as the proposal exceeds the bulk and scale of surrounding development, will not integrate with the surrounding development and is inconsistent with the developed character of the neighbourhood. b. Acceptable Outcome 10.1 and Performance Outcome PO10 as the proposal does not provide sufficient landscaped areas and will not effectively visually soften or reduce the bulk and scale of development. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Frank Wilkie, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- MCU17/0076.01 – Application for an Other Change to a Development Approval for Multiple Housing Type 2 Duplex to Include Short-term Accommodation & Operational Works at 1/25 Edward Street, Noosaville
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That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 April 2022 regarding Application No. MCU17/0076… committee recommendation Development Carried · 4–3
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 April 2022 regarding Application No. MCU17/0076.01 and OPW17/0224.01 for an Other Change to a Development Permit for Material Change of Use – Multiple Housing Type 2 Duplex & Short-term accommodation & Operational Works, situated at 1/25 Edward St Noosaville and: A. Refuse the application for the following reasons: 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 it will further erode the permanent housing in the area, impacting permanent resident amenity. 2. 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: a. The proposal is located in an area that has a substantial number of properties being used for visitor accommodation and/or properties permitted for visitor accommodation. The introduction of additional short- term accommodation within a duplex is not consistent with the purpose of the zone. b. The proposal seeks to establish a new short-term visitor accommodation facility within a recently approved dual occupancy and is not located within a well-established resort or holiday units. 3. The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t) and Performance Outcome PO21 of the Noosaville Local Plan Code as: a. Additional visitor accommodation in the area is likely to result in detrimental impacts on the residential amenity of permanent residents. b. While the code seeks to maintain visitor accommodation in the area, it does not seek to increase the extent of visitor accommodation within the area to the detriment of permanent residents. 4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f) of the Visitor Accommodation Code as: a. The proposed visitor accommodation is not appropriately located and integrated with permanent residents in the area given the number and density of properties currently being used for visitor accommodation and/or permitted for visitor accommodation. b. The proposed visitor accommodation is likely to detract from the amenity enjoyed by residents. 5. There is no need for additional short-term accommodation in the area. 6. The proposal does not comply with Performance Outcome PO12 of the Visitor Accommodation Code and Performance Outcome PO6 of the Driveway and Parking Code as insufficient car parking is proposed on site to address the likely parking demands on site. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Joe Jurisevic, seconded by Tom Wegener.
for 4 — Brian Stockwell, Tom Wegener, Frank Wilkie, Joe Jurisevic
against 3 — Amelia Lorentson, Clare Stewart, Karen Finzel - OPW21/0133 – Application for Operational Work (Prescribed Tidal Works) at 10-12 Ravenwood Drive Noosa Heads
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That Council note the report by the Development Engineer to the Planning & Environment Committee Meeting dated 12 April 2022 regarding OPW21/0133 application fo… committee recommendation Development Carried · 4–3
That Council note the report by the Development Engineer to the Planning & Environment Committee Meeting dated 12 April 2022 regarding OPW21/0133 application for Operational Works (Prescribed Tidal Works) and request a further report for the Ordinary Meeting providing an alternative motion for approval: A. Refuse the application for the following reasons: 1. The proposal is contrary to PO1, PO9, PO13, and PO19 of the Waterways Works Code as it: 1.1. will lead to cluttering and adverse amenity impacts on the character and amenity of the waterway and adjoining lots; 1.2. includes works outside the prolongation of boundaries of the lot; 1.3 will result in berthed vessels encroaching over the prolongation of boundaries of the lot; 1.4 when all vessels are moored, prevents the jet skis from leaving its dry storage pontoon; 1.5 will result in adverse amenity impacts and potential conflicts with users of the neighbouring jetty and put at risk users’ safety. B. Advise the applicant that the jetty must be modified to comply with the approved plans of development.
Moved by Clare Stewart, seconded by Karen Finzel.
for 4 — Clare Stewart, Karen Finzel, Amelia Lorentson, Joe Jurisevic
against 3 — Brian Stockwell, Tom Wegener, Frank Wilkie - Noosa River Oyster Ecosystem Restoration Project Udpate
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That Council note the report by the Environmental Services Manager (Acting) to the Planning and Environment Committee Meeting concerning the Noosa River Reef Sh… motion Lost · 3–4
That Council note the report by the Environmental Services Manager (Acting) to the Planning and Environment Committee Meeting concerning the Noosa River Reef Shellfish Restoration Project dated 12 April 2022 and: A. Note the 6 monthly report for the project submitted in accordance with the Alliance & Funding Agreement between Noosa Council and The Nature Conservancy; B. Authorise the CEO to commence cease negotiations with The Nature Conservancy regarding the Noosa River Reef Restoration Alliance and Funding Agreement and report back to Council on the outcomes; and and finalise project funding from Noosa Shire Council; C. Note that a separate detailed report and considerations will be presented to Council regarding the findings of the Current and Historical Distribution of Seagrass in the Noosa Estuary Report presented by The Nature Conservancy. C. Request that the CEO provide a report to Council detailing project options utilising the previously allocated funding from this project.
Moved by Clare Stewart, seconded by Karen Finzel.
for 3 — Clare Stewart, Karen Finzel, Amelia Lorentson
against 4 — Brian Stockwell, Frank Wilkie, Joe Jurisevic, Tom Wegener -
That Council note the report by the Environmental Services Manager (Acting) to the Planning and Environment Committee Meeting concerning the Noosa River Reef Sh… motion Superseded
That Council note the report by the Environmental Services Manager (Acting) to the Planning and Environment Committee Meeting concerning the Noosa River Reef Shellfish Restoration Project dated 12 April 2022 and: A. Note the 6 monthly report for the project submitted in accordance with the Alliance & Funding Agreement between Noosa Council and The Nature Conservancy; B. Authorise the CEO to commence negotiations with The Nature Conservancy regarding the Noosa River Reef Restoration Alliance and Funding Agreement and report back to Council on the outcomes; and C. Note that a separate detailed report and considerations will be presented to Council regarding the findings of the Current and Historical Distribution of Seagrass in the Noosa Estuary Report presented by The Nature Conservancy. Amendment No.1
Moved by Brian Stockwell, 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 D be added to read: D. Review the procurement process to instigate the project, risks associated with the project and how these are to be mitigate… amendment Carried · 5–2
That Item D be added to read: D. Review the procurement process to instigate the project, risks associated with the project and how these are to be mitigated and incorporated into Key Performance Indicators and any other matters that the Council should be made aware of in entering into the agreement
Moved by Clare Stewart, seconded by Karen Finzel.
for 5 — Clare Stewart, Karen Finzel, Amelia Lorentson, Joe Jurisevic, Frank Wilkie
against 2 — Brian Stockwell, Tom Wegener -
That Item D be amended to read: D. Review the procurement and administrative processes to instigate the project, risks associated with the project and how th… amendment Carried · 5–2
That Item D be amended to read: D. Review the procurement and administrative processes to instigate the project, risks associated with the project and how these are to be mitigated and incorporated into Key Performance Indicators and any other matters that the Council should be made aware of in entering into the agreement
Moved by Karen Finzel, seconded by Clare Stewart.
for 5 — Karen Finzel, Clare Stewart, Frank Wilkie, Joe Jurisevic, Amelia Lorentson
against 2 — Tom Wegener, Brian Stockwell -
That Item E and F be added to read: E. Authorise the CEO to consult with community stakeholders and the broader community to gauge overall community support … amendment Lost · 3–4
That Item E and F be added to read: E. Authorise the CEO to consult with community stakeholders and the broader community to gauge overall community support for the Renewal of the Noosa River Alliance and Funding Agreement (NRAFA); F. Provide a further report on the outcomes of the consultation as well as the outcomes of the contract negotiation and seek a further resolution of the Council prior to entering into any further agreements.
Moved by Amelia Lorentson, seconded by Clare Stewart.
for 3 — Amelia Lorentson, Clare Stewart, Karen Finzel
against 4 — Frank Wilkie, Tom Wegener, Joe Jurisevic, Brian Stockwell -
That Council note the report by the Environmental Services Manager (Acting) to the Planning and Environment Committee Meeting concerning the Noosa River Reef Sh… committee recommendation Carried · 4–3
That Council note the report by the Environmental Services Manager (Acting) to the Planning and Environment Committee Meeting concerning the Noosa River Reef Shellfish Restoration Project dated 12 April 2022 and; A. Note the 6 monthly report for the project submitted in accordance with the Alliance & Funding Agreement between Noosa Council and The Nature Conservancy; B. Authorise the CEO to commence negotiations with The Nature Conservancy regarding the Noosa River Reef Restoration Alliance and Funding Agreement and report back to Council on the outcomes; and C. Note that a separate detailed report and considerations will be presented to Council regarding the findings of the Current and Historical Distribution of Seagrass in the Noosa Estuary Report presented by The Nature Conservancy. D. Review the procurement and administrative processes to instigate the project, risks associated with the project and how these are to be mitigated and incorporated into Key Performance Indicators and any other matters that the Council should be made aware of in entering into the agreement
Moved by Brian Stockwell, seconded by Joe Jurisevic.
for 4 — Joe Jurisevic, Tom Wegener, Brian Stockwell, Frank Wilkie
against 3 — Amelia Lorentson, Clare Stewart, Karen Finzel - Further Report - MCU21/0194 for Material Change of Use Application for a Roadside Stall at 201 Mary River Road, Cooroy
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That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 April 2022 and the further report to the Genera… committee recommendation Development Report-backs Carried unanimously
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 April 2022 and the further report to the General Meeting dated 19 April 2022 regarding Application No. MCU21/0194 for a Material Change of Use for a Roadside Stall situated at 201 Mary River Road, Cooroy and A. Approve the application in accordance with the following conditions: PLANNING When Conditions must be Complied With 1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. Approved Plans 2. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date 22-02/01 B Roadside Stall Visualisation and Site, prepared by 28/02/2022 Beverley Jorgensen Building Designer 22-02/02 B Site – Callout 1, prepared by Beverley Jorgensen 28/02/2022 Building Designer Currency Period 3. This development approval lapses if the use has not happened by 21 April 2028, unless an application to extend the currency period is approved by Council. Nature and Extent of Approved Use 4. The approved use must only involve the sale of fresh or processed produce produced on the site and surrounding properties, including: a. Honey that is produced on site from beehives b. Eggs that are produced onsite c. Fruit, vegetables and herbs that are grown on site and on nearby properties in the Cooroy Hinterland d. Bottled juices from the fruit and vegetables available for sale. 5. Food and drink must not be prepared and sold for consumption on the premises. No on-site dining is permitted. 6. The approved use must be operated by a permanent resident or residents of the detached house on the site. A maximum of two (2) employees are permitted. 7. The approved use must not exceed 40m2. 8. The approved use must not operate outside the hours of 5:30am to 1:00pm Monday to Friday, and 7:30am to 4:00pm on Saturday and Sunday. Car Parking 9. A minimum of three (3) car parking spaces must be provided and marked on site and made available and accessible at all times while the use is open for business. 10. All car parking areas and access driveways must be constructed with a suitable formation and maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times. 11. Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site. B. Advise the applicant that they may wish to make an application for a Low Use Commercial Activity to permit the operation of a mobile coffee bus on the road reserve immediately adjacent the roadside stall. C. Find the following matters relevant to the assessment and sufficient reason to approve the application: 1. The proposal meets the Strategic Intent of the Planning scheme which supports rural tourism and further acknowledging those aspects of the use are consistent with the aim to facilitate: “The evolution of traditional agriculture and the emergence of new sectors are supported by encouraging opportunities for value adding to occur before agricultural produce leaves the farm gate or leaves the region” 2. The use contributes to the overall outcome 2 (h) of the Rural Zone that envisages that “The establishment of outdoor recreation and small-scale tourism facilities in suitable locations is facilitated in a manner that does not significantly compromise the rural productivity or ecological values of the land.” D. Advise the applicant that if they wish to continue to operate the stall as a coffee shop an application is required for a food and drink outlet. The application should be lodged within 6 months and during this time the use may continue to operate from the site subject to the use not causing any significant impacts on the area. E. That CEO be requested to prepare a set of amendments to the Noosa Plan 2020 that facilitate a broader range of small scale rural enterprises directly related to the production of local food, beverages, arts and crafts in order to provide opportunities for home-based business and related uses that are of a scale suitable for assessment as accepted or code assessable development.
Moved by Brian Stockwell, seconded by Tom Wegener.
Carried unanimously. The minutes do not name who voted which way.
- RAL21/0033 Development Application for Reconfiguration of a Lot (1 Lot into 8 Lots) at 60 Glenridge Drive Cooroibah
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That Council note the report by the Development Planner to the General Committee Meeting dated 19 April 2022 and: A. Approve the application and Issue a Prel… motion Development Superseded
That Council note the report by the Development Planner to the General Committee Meeting dated 19 April 2022 and: A. Approve the application and Issue a Preliminary Approval in accordance with the following Conditions. PLANNING 1. Development undertaken in accordance with this approval must generally comply with the approved plans of development detailed below. These plans must be amended in accordance with the conditions. Plan No. Rev. Plan/Document Name Date 21598-P001 B Locality and Site Plan 21.03.2021 21598-P003 B Earthworks Plan 21.03.2021 Doc 21598_RP1 B Tod Engineering Report in support of 24.03.2022 Development Application J001001 RP01 to A Vegetation Management and Covenant Area 17.02.2022 RP04 Rehabilitation Plan Concept prepared by North Coast Environmental Services 21-0288 FS001 V4 Flood Investigation 1.04.2022 J1001001 V1 Bushfire Hazard Assessment and Management 23.12.2021 Plan prepared by North Coast Environmental Services 2. Amended plans and reports must be submitted to Council prior to any further development applications being made and must include the following: a. Amend subdivision layout (Plan: 21598-P001 Rev B, 21598-P003 Rev C) detailing amalgamation of Lots 1 and 2. b. Amend the subdivision layout and include the mapped Koala Habitat adjacent to Mckinnon Drive in one lot. c. Update the fill level for the building envelope of proposed Lot 8 to the PMF Level. d. Provide a Risk Assessment Report that demonstrates compliance with PO7 and AO7.1 to AO7.3 of the Flood Hazard Overlay Code and addresses management of risks to occupants of the site having regard to Mckinnon Drive being not trafficable during a PMF event. e. Amend Table 4-5 of the Flood Investigation – 60 Glenridge Dve, Cooroibah Version 4 prepared by PeakUrban dated 01/04/2022 to address the following: i. The minimum fill level for proposed Lot 8 is to be amended to the PMF level. All works are to be carried out generally in accordance with the updated flood investigation report. ii. The updated flood investigation report is to be submitted to Council for approval prior to the issue of Development Permit. f. Provide an effluent disposal report demonstrating that the house site areas can sustain appropriate disposal areas. g. Provide a fencing plan that details: i. no fencing within the covenant area ii. no fencing or gates restricting access between lots in relation to the fire break trail areas. h. Investigate the provision of a temporary fire/emergency access to Mckinnon Drive. i. Investigate the provision of an access road above the 1% AEP flood level 3. All buildings and structures must be located within the building envelopes shown on Plan 21598-P001 Rev B, prepared by TOD, dated 21st March 2021 (sic), as amended by this approval. 4. Buildings within the proposed Lots are to be provided with finished floor levels in accordance with Table 4-5 of the updated flood investigation report required by this approval, unless a more recent Council flood study exists or a higher standard is defined in the Planning Scheme at the time of lodgement of application for Building Works. 5. Unless otherwise stated, all works required by the conditions of this Decision Notice as relevant to each particular stage must be completed prior to submission of the subdivision plan to Council for compliance assessment for the particular stage. 6. The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions. Currency Period 7. This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 12 April 2026 unless an application to extend the currency period is approved by Council. Plan of Development 8. All future dwellings on the approved lots must be sited and constructed in accordance with the approved building envelopes and dwelling controls (ie. the “Plan of Development”) shown on the Approved Plans. A copy of the approved Plan of Development must be included in the contract of sale for the approved lots, together with a clause which requires future dwellings to be constructed in accordance with it. 9. The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas for the proposed lots. The areas must be in accordance with the approved plans as amended by these conditions. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan of Survey. Covenant 10. Vegetation protection covenants must be registered against the titles of the properties over the land areas defined as the covenant areas as identified within Locality and Site Plans prepared by Tod Consulting Engineers and Project Managers on the Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must: a. incorporate the requirements of this Decision Notice; b. include Noosa Council as Covenantee; c. reference Queensland Land Title Registry Standard Terms Document No. 715597513; d. reference the Vegetation Management and Covenant Area Rehabilitation Concept Plan; e. reference the Covenant Area Management Plan (or similar); f. reference the Bushland Rehabilitation Program (or similar); g. reference the Firebreak Trail Specification; h. reference the Bushfire Hazard Assessment and Management Plan; i. detail no fence construction to occur in covenant areas and fire break trail; and j. reference the requirement for minimum 1.2m metre high dog proof fence along the entire common boundary of the vegetation protection covenants. k. detail any future fencing around the external boundaries of the site to be fauna friendly. l. allow the developer and his representatives to maintain the rehabilitation within the Covenant Areas on all Lots during the entire maintenance period. 11. The vegetation protection covenant areas within each Lot must result in an area of not less than the areas detailed within the Locality and Site Plans 21598-P001 Rev B prepared by Tod Consulting Engineers and Project Managers and as amended by conditions of this approval. 12. If a provision included in the covenant document is requisitioned or refused registration by the relevant titles authority, a substitute provision must be included in the document which as nearly as practicable addresses the objective sought by the requisitioned or refused provision. The wording of the substitute provision must be agreed by Council. Staging 13. The development is to be staged in accordance with the Locality and Site Plans 21598-P001 Rev B prepared by Tod Consulting Engineers and Project Managers and as amended by conditions of this approval with proposed Lot 8 requiring rehabilitation to be installed in accordance with an Operational Works Approval prior to the sealing of the Survey Plan for Stage 1. 14. Stage 2 area must be maintained and managed until commencement of Stage 2 to not cause environmental impacts including but not limited to erosion and sediment control, weed invasion control, fire mitigation measures (e.g. mown grass). Land Rehabilitation 15. Rehabilitation works must be undertaken in accordance with the Approved Vegetation Management and Covenant Area Rehabilitation Concept plan and in accordance with an Operational Works approval and the Noosa Plan 2020 and Planning Scheme Policy - PSP 2 Landscaping with the exception of; 15.1 The inclusion of additional maintenance schedule requirements within the Vegetation Management and Covenant Area Rehabilitation Concept plan including: 15.1.1 Weed management to maintain a weed free zone around each planted tubestock, mulch replenishment when required. Watering when required. 15.1.2 Tree guarding of species susceptible to fauna damage. 15.1.3 Replacement of all dead tubestock. 15.1.4 3 Monthly (or as required) weed maintenance within the assisted natural regeneration areas. 15.2 The inclusion of additional rehabilitation Performance Objectives including: 15.2.1 Rehabilitation works must meet the following Performance Criteria for: a. Year One – 12 months after installation: i. Planted trees have achieved an average height of 1m. ii. Planted shrubs have achieved an average height of 0.4m. b. Year Two - 24 months after the installation: i. Planted trees have achieved an average height of 2m. ii. Planted shrubs have achieved an average height of 1m. c. Year Three - Final acceptance installation: i. Planted trees have achieved an average height of 3m. ii. Planted shrubs have achieved an average height of 1.2m. iii. Canopy and / or vegetative strata must not be devoid for any area greater than 1.0m2 within any 10m2 sample. iv. Plant density shading out and/or self-mulching. d. The duration of the establishment period: i. Adherence to maintenance regime for rehabilitation and revegetation areas. ii. No evidence of woody weeds reshooting from stumps, poisoned trees or the regrowth of cut stumps. iii. No evidence of over-weeding or impact on non-target species. iv. Signs of indigenous recruitment in rehabilitation areas. v. Weed infestations less than 5% of the rehabilitation areas. vi. Any failed plants within the previous 12 month period have been replaced. vii. Healthy and vigorous growth allowed to grow to full form. viii. Mulch layer sufficient to suppress weeds. 16. Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage 1, a bank guarantee or a bond of $30,000 must be lodged as security for the completion of the rehabilitation works and three year performance maintenance period identified in the conditions of this approval. 17. The following amounts of the bank guarantee/bond may be returned at the end of each performance criteria year following Council approval as follows: a. Year 1 - $10,000 b. Year 2 - $10,000 c. Year 3 - $10,000 18. Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage 2, a bank guarantee or a bond of $60,000 must be lodged as security for the completion of the rehabilitation and three year performance maintenance period identified in the conditions of this approval. 19. The following amounts of the bank guarantee/bond may be returned at the end of each performance criteria year following Council approval as follows: a. Year 1 - $20,000 b Year 2 - $20,000 c. Year 3 - $20,000 20. Council reserves the right to stop and start the maintenance period depending on performance. 21. A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or similar) must be prepared by a qualified person* and endorsed through an Operational Works approval. 22. The land areas defined as vegetation protection covenants on the subject site identified for
Moved by Brian Stockwell, seconded by Frank Wilkie.
The minutes record no vote on this motion: they go straight on to the amendment that followed, below.
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That 2 h and 2 j be amended to read: h. Require the provision of a temporary fire/emergency access to Mckinnon Drive. j. Require the provision of an access … amendment Development Carried · 5–1
That 2 h and 2 j be amended to read: h. Require the provision of a temporary fire/emergency access to Mckinnon Drive. j. Require the provision of an access road above the 1% AEP flood level
Moved by Joe Jurisevic, seconded by Clare Stewart.
for 5 — Clare Stewart, Joe Jurisevic, Brian Stockwell, Frank Wilkie, Tom Wegener
against 1 — Karen Finzel -
That Council note the report by the Development Planner to the General Committee Meeting dated 19 April 2022 and: A. Approve the application and Issue a Preli… committee recommendation Development Carried · 4–2
That Council note the report by the Development Planner to the General Committee Meeting dated 19 April 2022 and: A. Approve the application and Issue a Preliminary Approval in accordance with the following Conditions. PLANNING 1. Development undertaken in accordance with this approval must generally comply with the approved plans of development detailed below. These plans must be amended in accordance with the conditions. Plan No. Rev. Plan/Document Name Date 21598-P001 B Locality and Site Plan 21.03.2021 21598-P003 B Earthworks Plan 21.03.2021 Doc 21598_RP1 B Tod Engineering Report in support of 24.03.2022 Development Application J001001 RP01 to A Vegetation Management and Covenant Area 17.02.2022 RP04 Rehabilitation Plan Concept prepared by North Coast Environmental Services 21-0288 FS001 V4 Flood Investigation 1.04.2022 J1001001 V1 Bushfire Hazard Assessment and Management 23.12.2021 Plan prepared by North Coast Environmental Services 2. Amended plans and reports must be submitted to Council prior to any further development applications being made and must include the following: a. Amend subdivision layout (Plan: 21598-P001 Rev B, 21598-P003 Rev C) detailing amalgamation of Lots 1 and 2. b. Amend the subdivision layout and include the mapped Koala Habitat adjacent to Mckinnon Drive in one lot. c. Update the fill level for the building envelope of proposed Lot 8 to the PMF Level. d. Provide a Risk Assessment Report that demonstrates compliance with PO7 and AO7.1 to AO7.3 of the Flood Hazard Overlay Code and addresses management of risks to occupants of the site having regard to Mckinnon Drive being not trafficable during a PMF event. e. Amend Table 4-5 of the Flood Investigation – 60 Glenridge Dve, Cooroibah Version 4 prepared by PeakUrban dated 01/04/2022 to address the following: i. The minimum fill level for proposed Lot 8 is to be amended to the PMF level. All works are to be carried out generally in accordance with the updated flood investigation report. ii. The updated flood investigation report is to be submitted to Council for approval prior to the issue of Development Permit. f. Provide an effluent disposal report demonstrating that the house site areas can sustain appropriate disposal areas. g. Provide a fencing plan that details: i. no fencing within the covenant area ii. no fencing or gates restricting access between lots in relation to the fire break trail areas. h. Investigate Require the provision of a temporary fire/emergency access to Mckinnon Drive. i. Investigate Require the provision of an access road above the 1% AEP flood level 3. All buildings and structures must be located within the building envelopes shown on Plan 21598-P001 Rev B, prepared by TOD, dated 21st March 2021 (sic), as amended by this approval. 4. Buildings within the proposed Lots are to be provided with finished floor levels in accordance with Table 4-5 of the updated flood investigation report required by this approval, unless a more recent Council flood study exists or a higher standard is defined in the Planning Scheme at the time of lodgement of application for Building Works. 5. Unless otherwise stated, all works required by the conditions of this Decision Notice as relevant to each particular stage must be completed prior to submission of the subdivision plan to Council for compliance assessment for the particular stage. 6. The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions. Currency Period 7. This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 12 April 2026 unless an application to extend the currency period is approved by Council. Plan of Development 8. All future dwellings on the approved lots must be sited and constructed in accordance with the approved building envelopes and dwelling controls (ie. the “Plan of Development”) shown on the Approved Plans. A copy of the approved Plan of Development must be included in the contract of sale for the approved lots, together with a clause which requires future dwellings to be constructed in accordance with it. 9. The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas for the proposed lots. The areas must be in accordance with the approved plans as amended by these conditions. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan of Survey. Covenant 10. Vegetation protection covenants must be registered against the titles of the properties over the land areas defined as the covenant areas as identified within Locality and Site Plans prepared by Tod Consulting Engineers and Project Managers on the Approved Plans pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must: a. incorporate the requirements of this Decision Notice; b. include Noosa Council as Covenantee; c. reference Queensland Land Title Registry Standard Terms Document No. 715597513; d. reference the Vegetation Management and Covenant Area Rehabilitation Concept Plan; e. reference the Covenant Area Management Plan (or similar); f. reference the Bushland Rehabilitation Program (or similar); g. reference the Firebreak Trail Specification; h. reference the Bushfire Hazard Assessment and Management Plan; i. detail no fence construction to occur in covenant areas and fire break trail; and j. reference the requirement for minimum 1.2m metre high dog proof fence along the entire common boundary of the vegetation protection covenants. k. detail any future fencing around the external boundaries of the site to be fauna friendly. l. allow the developer and his representatives to maintain the rehabilitation within the Covenant Areas on all Lots during the entire maintenance period. 11. The vegetation protection covenant areas within each Lot must result in an area of not less than the areas detailed within the Locality and Site Plans 21598-P001 Rev B prepared by Tod Consulting Engineers and Project Managers and as amended by conditions of this approval. 12. If a provision included in the covenant document is requisitioned or refused registration by the relevant titles authority, a substitute provision must be included in the document which as nearly as practicable addresses the objective sought by the requisitioned or refused provision. The wording of the substitute provision must be agreed by Council. Staging 13. The development is to be staged in accordance with the Locality and Site Plans 21598-P001 Rev B prepared by Tod Consulting Engineers and Project Managers and as amended by conditions of this approval with proposed Lot 8 requiring rehabilitation to be installed in accordance with an Operational Works Approval prior to the sealing of the Survey Plan for Stage 1. 14. Stage 2 area must be maintained and managed until commencement of Stage 2 to not cause environmental impacts including but not limited to erosion and sediment control, weed invasion control, fire mitigation measures (e.g. mown grass). Land Rehabilitation 15. Rehabilitation works must be undertaken in accordance with the Approved Vegetation Management and Covenant Area Rehabilitation Concept plan and in accordance with an Operational Works approval and the Noosa Plan 2020 and Planning Scheme Policy - PSP 2 Landscaping with the exception of; 15.1 The inclusion of additional maintenance schedule requirements within the Vegetation Management and Covenant Area Rehabilitation Concept plan including: 15.1.1 Weed management to maintain a weed free zone around each planted tubestock, mulch replenishment when required. Watering when required. 15.1.2 Tree guarding of species susceptible to fauna damage. 15.1.3 Replacement of all dead tubestock. 15.1.4 3 Monthly (or as required) weed maintenance within the assisted natural regeneration areas. 15.2 The inclusion of additional rehabilitation Performance Objectives including: 15.2.1 Rehabilitation works must meet the following Performance Criteria for: a. Year One – 12 months after installation: i. Planted trees have achieved an average height of 1m. ii. Planted shrubs have achieved an average height of 0.4m. b. Year Two - 24 months after the installation: i. Planted trees have achieved an average height of 2m. ii. Planted shrubs have achieved an average height of 1m. c. Year Three - Final acceptance installation: i. Planted trees have achieved an average height of 3m. ii. Planted shrubs have achieved an average height of 1.2m. iii. Canopy and / or vegetative strata must not be devoid for any area greater than 1.0m2 within any 10m2 sample. iv. Plant density shading out and/or self-mulching. d. The duration of the establishment period: i. Adherence to maintenance regime for rehabilitation and revegetation areas. ii. No evidence of woody weeds reshooting from stumps, poisoned trees or the regrowth of cut stumps. iii. No evidence of over-weeding or impact on non-target species. iv. Signs of indigenous recruitment in rehabilitation areas. v. Weed infestations less than 5% of the rehabilitation areas. vi. Any failed plants within the previous 12 month period have been replaced. vii. Healthy and vigorous growth allowed to grow to full form. viii. Mulch layer sufficient to suppress weeds. 16. Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage 1, a bank guarantee or a bond of $30,000 must be lodged as security for the completion of the rehabilitation works and three year performance maintenance period identified in the conditions of this approval. 17. The following amounts of the bank guarantee/bond may be returned at the end of each performance criteria year following Council approval as follows: a. Year 1 - $10,000 b. Year 2 - $10,000 c. Year 3 - $10,000 18. Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage 2, a bank guarantee or a bond of $60,000 must be lodged as security for the completion of the rehabilitation and three year performance maintenance period identified in the conditions of this approval. 19. The following amounts of the bank guarantee/bond may be returned at the end of each performance criteria year following Council approval as follows: a. Year 1 - $20,000 b Year 2 - $20,000 c. Year 3 - $20,000 20. Council reserves the right to stop and start the maintenance period depending on performance. 21. A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or similar) must be prepared by a qualified person* and endorsed through an Operational Works approval. 22. The land areas defined as vegetation protection covenants on the subject site identified for rehabilitation on the Approved Plans must be rehabilitated* and all weed species listed in the
Moved by Brian Stockwell, seconded by Frank Wilkie.
for 4 — Frank Wilkie, Brian Stockwell, Tom Wegener, Clare Stewart
against 2 — Karen Finzel, Joe Jurisevic - Peregian Beach Surf Lifesaving Club – New Lease Request
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That Council note the report by the Property Manager to the Services & Organisation Committee Meeting dated 12 April 2022 and A. Authorise the CEO to enter i… committee recommendation Carried unanimously
That Council note the report by the Property Manager to the Services & Organisation Committee Meeting dated 12 April 2022 and A. Authorise the CEO to enter into negotiations for a 10-year lease to Peregian Beach SLSC Inc. over Lot 165 MCH5180 (the whole building and surrounds) for Surf Lifesaving Purposes at Peregian Beach as generally outlined in the report subject to the Lessee: 1. Publishing annual reporting of progress toward establishment of the new Peregian Beach SLSC for the first three years of operations; 2. Setting aside a suitable area for Surf Lifesaving Queensland to oversee Noosa Shire contract lifeguard operations as per the Surf Lifesaving Queensland Sunshine Coast Branch proposal; 3. Agreeing that opportunities for ratepayer financial support will be by application through Council’s community grants program and no commitment is provided by Council for direct ratepayer financial support 4. Agreeing that building maintenance will be at Council’s discretion subject to its independent assessment and asset maintenance planning; B. Note Peregian Beach Surf Lifesaving Club Inc’s. request to operate the Peregian Beach Markets from May 2022 and authorise the CEO to issue the appropriate permit once Council has received a properly made application and undertaken its normal assessment process; C. Agree to consider as part of the 2022-2023 budget deliberations the allocation of $71,000 per annum plus CPI (for a total of three years) to fund SLSQ contract lifeguard services on Saturdays and public holidays in the surf lifesaving patrol season (September to May) for the purposes of providing lifesaving service continuity at Peregian Beach; D. Agree to consider as part of the 2022-2023 budget deliberations the allocation of $90,000 to re-paint the clubhouse building; and E. Apply the exception to the requirement for tendering of the lease under Section 236 (1) (b) (ii) of the Local Government Regulation 2012 as the lease is to a community organisation.
Moved by Frank Wilkie, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Financial Performance Report – March 2022
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That Council note the report by the Financial Services Manager (Acting) to the General Committee Meeting dated 19 April 2022 outlining March 2022 year to date f… committee recommendation Budget & finance Carried unanimously
That Council note the report by the Financial Services Manager (Acting) to the General Committee Meeting dated 19 April 2022 outlining March 2022 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators.
Moved by Joe Jurisevic, 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 2022 meeting archive
- Decisions: our votes register, parsed from council's minutes
- Council's meetings index: noosa.qld.gov.au