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Noosa Council meetings since 2014: papers, decisions and recordings, and from April 2023 the video cued to each item.

Planning & Environment Committee Meeting - 8 November 2022

Tuesday 08 November 2022 · Planning & Environment Committee Meeting · 7 decisions minuted

Decisions · Transcript · Video · Papers

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.

What was said

Read the whole meeting, every passage cued to council's own recording — or search within what was said. It is a machine transcript, so the recording is the record. Recording © Noosa Shire Council; the transcript is ours.

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.

Recording

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.

  1. Confirmation of Minutes
  2. The Minutes of the Planning & Environment Committee Meeting held on 11 October 2022 be received and confirmed. committee resolution Carried unanimously

    The Minutes of the Planning & Environment Committee Meeting held on 11 October 2022 be received and confirmed.

    Moved by Clare Stewart, seconded by Karen Finzel.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  3. MCU22/0048 & OPW22/0089 – Development Permit for Material Change of Use for Commercial Landing and Operational Works for Prescribed Tidal Works, Situated at 222 Gympie Terrace Noosaville
  4. That Planning & Environment Committee Agenda Item 1 be referred to the General Committee for further consideration. committee recommendation Development Carried unanimously

    That Planning & Environment Committee Agenda Item 1 be referred to the General Committee for further consideration.

    Moved by Brian Stockwell, seconded by Tom Wegener.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  5. MCU22/0148 - Application for Material Change of Use for Food and Drink Outlet (Outdoor Dining) at 2 Memorial Avenue Pomona
  6. That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 8 November 2022 regarding Application No. … committee recommendation Development Carried unanimously

    That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0148 for a Development Permit for Material Change of Use - Food and drink outlet situated at 2 Memorial Ave Pomona 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 0522WZ - Site Plan / Floor Plan (Outdoor Areas highlighted 11/07/22 Blue), prepared by Accolade Building Designs Nature and Extent of Approved Use 3. The approved use is a Food and Drink outlet for the outdoor areas and kitchen and storage areas as shown on the approved plans. 4. The approved use must not operate outside the hours of: a. 6am to 10pm Sunday to Thursday and public holidays b. 6am to 12:00 midnight Friday and Saturday 5. Any live music must be contained within an enclosed acoustically treated environment. 6. The approved uses and associated activities must not result in environmental nuisances such as noise, visual or odour impacts that unreasonably diminish the amenity of the area or surrounding uses. Currency Period 7. This development approval lapses if the use has not commenced by 17 November 2028, unless an application to extend the currency period is approved by Council.

    Moved by Brian Stockwell, seconded by Clare Stewart.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  7. MCU22/0115 Application for Material Change of Use for a Bar at 1-3/9 Rene Street Noosaville
  8. That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 8 November 2022 regarding Application No. … committee recommendation Development Carried unanimously

    That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0115 for a Development Permit for a Material Change of Use - Bar situated at 1 - 3/9 Rene St Noosaville and: A. Approve the application in accordance with the following conditions: When Conditions Must Be Complied With 1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to the use commencing, and then compliance maintained at all times while the use continues. 2. The patron use area for the consumption of food, drink and alcohol and/or congregation is limited to a 60m² seating area (excluding the bar area) with a maximum seating for 30 persons. The queuing area external to the building is not approved and all queuing must be provided inside the building. Amended plans are to be provided to the Manager of Development Assessment prior to the use commencing detailing the proposed seating area of the bar. Approved Plans 3. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date A103 AO6 Site Plan Prepared by Collins Building Designs 19.08.2020 A105 AO6 Proposed Floor Plan Prepared by Collins Building 19.08.2020 Designs as amended by Council A107 AO6 Proposed Floor Areas Prepared by Collins Building 19.08.2020 Designs as amended by Council LL00 A Proposed Landscape Key Plan Prepared by Lark 29.06.2022 Landscape Architecture and Urban Design LL01 A Proposed Landscape Plan Prepared by Lark Landscape 29.06.2022 Architecture and Urban Design LL02 A Proposed Planting Schedule Prepared by Lark 29.06.2022 Landscape Architecture and Urban Design Nature and Extent of Approved Use 4. The Bar must operate at all times in association with the Distillery use within Lots 2 and 3 on BUP5337. If the associated Distillery use ceases, the Bar use must cease. 5. All activities associated with the bar are to be undertaken inside the building. The landscape areas and parking areas are not to be used for any activities associated with the bar use. No food trucks or entertainment are to be setup in the landscape, driveway or parking areas. 6. The 60m² seating area is only permitted to be used by patrons who have booked a time slot for a table booking and these will be limited to 2 hours. 7. The approved use must not operate outside the hours of Friday, 4:00pm to 10:00pm and Saturday and Sunday 12:00 noon to 10:00pm. 8. The sale and/or consumption of alcoholic products is limited to those alcoholic products produced by the associated Distillery use. Any alcoholic beverages that are not produced as part of the Distillery use on the site must not be sold with the exception of other alcoholic products used to make drinks with products distilled on site. Non- alcoholic mixers are able to be used on site. 9. Only finger type/snacks/platters/ bar food are permitted to be sold and/or consumed on site. Landscaping 10. The area at the front of the site is to be landscaped in accordance with the approved plans. Lighting of External Areas 11. During operating hours, all parking areas, pedestrian areas and entrances/exits must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”. Lighting must be designed to reduce the contrast between shadows and well lit areas. Noise Management 12. Noise from the Bar, including amplified or non-amplified noise and patron noise must not exceed: Continuous Noise  daytime (0700 to 1800 hours): 41.9 + 0 = 42 dB(A) LA10,adj,T;  evening (1800 to 2200 hours): 46.6 + 0 = 47 dB(A) LA10,adj,T Time Varying Noise  daytime (0700 to 1800 hours): 41.9 + 5 = 47 dB(A) LA10,adj,T;  evening (1800 to 2200 hours): 46.6 + 5 = 52 dB(A) LA10,adj,T Staff Numbers 13. A maximum of 2 staff for the Bar use are to be on site at any one time. Currency Period 14. The Currency Period for this development approval lapses if the use has not commenced by 17 November 2028, unless an application to extend the currency period is approved by Council. External Works Car Parking 15. A minimum of 5 car parking spaces and 2 scooter spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular: a. The car spaces and scooter spaces as shown on the approved plans b. The car space located directly adjacent to the building and loading dock area dedicated to “staff” c. dimensions, crossfalls and gradients in accordance with the relevant Australian Standard 16. 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. 17. Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site. Service Vehicles 18. Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The areas must be provided in accordance with figure 5.1 of the submitted Car Parking Assessment reference 20401 prepared by Rytenskild. Pedestrian and Bicycle Facilities 19. Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular: a. a total of 2 bicycle parking spaces Stormwater Drainage 20. Stormwater runoff from the new hardstand areas must be connected to the existing site stormwater drainage system. Easements 21. Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property. 22. All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement. 23. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee. Earthworks and Retaining Walls 24. All retaining walls that are publicly accessible, located on site and exceed 1.0m in height must be fitted with a commercial grade safety fence. Damage to Services and Assets 25. Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times: a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or b. where otherwise, upon completion of the works associated with the development. Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. REASONS TO JUSTIFY THE DECISION DESPITE THE CONFLICT WITH THE PLANNING SCHEME Find the following matters relevant to the assessment and sufficient reason to approve the application: 1. The proposed bar is in an area that is zoned Medium Impact Industry under the Noosa Plan 2020, and a range of industrial uses either established now or in the future may generate noise, odour, dust, waste nuisance or the like. These industrial businesses will not be required to include additional mitigation measures to address the potential impacts from these industrial uses on the bar, given they should reasonably be expected. 2. Conditions have been imposed to ensure the proposed bar is to operate in association with and ancillary to an existing industrial use on the site.

    Moved by Tom Wegener, seconded by Karen Finzel.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  9. Planning Applications Decided by Delegated Authority Report– September 2022
  10. That Council note the report by the Acting Manager, Development Assessment to the Planning & Environment Committee Meeting dated 8 November 2022 regarding plann… committee recommendation Carried unanimously

    That Council note the report by the Acting Manager, Development Assessment to the Planning & Environment Committee Meeting dated 8 November 2022 regarding planning applications that have been decided by delegated authority.

    Moved by Clare Stewart, seconded by Karen Finzel.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  11. Summary of Current and Historical Distribution of Seagrass in the Noosa Estuary
  12. That Council note the report by the Environment Officer, Rivers & Coast to the Planning & Environment Committee Meeting dated 8 November 2022, and note: A. T… committee recommendation Carried unanimously

    That Council note the report by the Environment Officer, Rivers & Coast to the Planning & Environment Committee Meeting dated 8 November 2022, and note: A. The reports titled ‘Current and Historical Distribution of Seagrass in the Noosa Estuary’ and ‘Seagrass Distribution Study’ as Attachment 1 & 2 prepared by Ecological Service Professionals for The Nature Conservancy and Council; B. That Council’s integrated water quality monitoring program will identify options for future management strategies and factors influencing seagrass decline; and C. That seagrass monitoring and restoration will be considered as part of the final Noosa River Plan, and funding needs for this will form part of upcoming budget deliberations.

    Moved by Brian Stockwell, seconded by Karen Finzel.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  13. Integrated Water Quality Monitoring Program
  14. That Planning & Environment Committee Agenda Item 6 be referred to the General Committee due to the significance of the issue. committee recommendation Carried unanimously

    That Planning & Environment Committee Agenda Item 6 be referred to the General Committee due to the significance of the issue.

    Moved by Brian Stockwell, seconded by Clare Stewart.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

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