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00:00:00 Councillor Wegener: The members are in attendance and we also have Councilor Wilkie, Councilor Lorentz in the room as well. Can I have a mover and a seconder for the consummation of the minutes as of Planning and Environment Committee meeting of November 2022? Clare Stewart. Councillor Lorentson: And a seconder. Councillor Wegener: Mayor and Councilor Finzel. Councillor Finzel: Thank you. Deputy Mayor Stockwell: You have enough for the vote. Councillor Wegener: Well hands-off please. . On to the report for consideration of the committee. First, there's no presentations, no deputation. And now we're ready for report for consideration of committee. MCU22 slash 0060 Planning and Environment Court Appeal number BD2147 of 2022 application for a dual occupancy at 6 Marguerite Crescent Sunrise Beach and we have Patrick Murphy and Leo in the room to introduce us.
00:01:00 Speaker 2: Okay, this matter relates to a refusal that was issued under delegation by officers for a duplex development at 6 Marguerite Crescent in Sunrise Beach. The application was refused due to non-compliance with the scheme's requirements for site cover plot ratio, the asymmetrical design elements and also some stormwater design concerns. So subsequent to the refusal we've received an appeal and it's obviously in order for council to defend this appeal. Deputy Mayor Stockwell: Any questions? I've got a question.
00:02:00 The applicant appears to be the same person where we had another appeal with very similar issues, am I correct in that? Speaker 2: That is correct. Deputy Mayor Stockwell: And while we can't consider the applicant when we consider a development approval, can the court consider the merits of a case if there's a recidivist who can prosecute the same arguments that they did in their last application just up the road? Speaker 2: Just firstly, it was one that we probably weren't aware that the applicant was the same applicant because it was a different company name. It wasn't until we got to the end of the process where the advice was given that it would be a refusal that it came to light and similar events unfolded. This matter was the appeal. When the appeal came in, we just missed a cut off for the last round of council meetings. So the matter has progressed a little bit in the court in terms of there being some dialogue and some mediation. There have been some comments through that process around the applicant being someone that's come back again for similar matters.
00:03:00 So I think it has been noted by the court. Deputy Mayor Stockwell: I'm happy to move it. I'll second it. I just think it's really not hard to have a look at the planning scheme and design a duplex that meets the scheme requirements. We should appeal. If it does end up going to hearing, I would hope that our briefing to our representatives is that we should get costs. If this particular applicant is going to continue to make the same mistakes and think we're going to make a different decision, he's sorely missing ball. Councillor Wegener: Any other questions or would like to speak for motion? Councillor Finzel: No. Councillor Wegener: Okay. All in favor? Any unanimous? We're on to item two, SSL22-0815, Planning and Environment Court Appeal, number D-136 of
00:04:00 SSL22-0815, Planning and Environment Court Appeal, number D-136 of TS-2022, application for short stay letting under Local Law No.1 and Subordinate Local Law No.1 Administration. 2015 for 365 David butt away, Peregian Beach. And again, we have Patrick Murphy and Leo Jenson. Speaker 2: Thank you. So this matter relates to a dwelling at 365, David butt away, for which it was an application under the short sway letting local law under local law. To be licensed through that process it was identified that works have been conducted to the dwelling is as a two bedroom dwelling that have been converted to a five bedroom dwelling and the way they've done that was to undertake works to three existing garages downstairs and they were seeking approval to for five bedrooms and 13 residents to occupy the place the premise or short-term accommodation that was refused subsequent
00:05:00 appeal or request for review by the applicant the decision was upheld and consequently to that we've we've got this appeal and again it's in in order Deputy Mayor Stockwell: for council to defend the support any questions another question so under the local law we've deemed there wasn't a using local use and that was because they had built in a space that had only been approved for a car that's correct that that is Speaker 2: correct and that yes and a building approval is required for those works and Deputy Mayor Stockwell: we have a lot of people who have done similar things are we getting a number of these in the local law where someone's converted their garage to an Airbnb and are they all getting refused we have had other circumstances where
00:06:00 Speaker 2: applications have come in and when the reviews undertaken as to what's been approved and what's been put forward it's been identified that areas such as garages for for further accommodation and those applications are being refused that's probably a good thing to put out to the Deputy Mayor Stockwell: public if you have an unapproved garage being used for an Airbnb it's unlawful and you should stop Councillor Wegener: thank you any further questions all I'll move it all in favor unanimous
00:07:00 The 156th of 2022 application for short stay letting under local law number one and supported local law number one administration for 215, 2015 for 1 slash 18 Edward Street, Noosaville. And we have, again, Patrick Murphy and Leo Jackson in the room. Speaker 2: Thank you. So this matter relates to a unit which was approved as part of a duplex in 2014. Accordingly, it doesn't have the rights to be used for short-term accommodation under that approval. They have sought approval under the local law and that was refused on the same grounds. Again, subsequent review of that decision has upheld the original decision. And, again, the applicant has made an appeal.
00:08:00 Again, it's in order for council to proceed with the appeal. Councillor Wegener: Any questions? Deputy Mayor Stockwell: Yes, Mr. Stockwell. Is this the first one on the duplex or is this the second one? Speaker 2: This is not the first one. Councillor Wegener: I'll move the recommendation. Councillor Finzel: Happy to sit. Councillor Wegener: Do we have Mr. Finzel's seconds? Just put it to a vote. All in favour? Is there anyone else? Councillor Finzel: Thank you. Thank you, Patrick. Thank you. Still here. Good morning, everybody. Good morning. Good morning. Councillor Wegener: Go around to number four, climate change response plan grant round two, 2022 slash 23. We have carbon reduction. Officer Annie Nolan with that.
00:09:00 Speaker 1: Good morning, everybody. Good morning. Yes, this is about round two of the climate change response grants. In the budget, there was $50,000 that was allocated to the climate change response grants. And in the first round, we expended a lot of that, which was around $32,227. And so, as a result, for the second round, we had $17,773 remaining. As a result, we advertised and advised the community groups that this grant was available between September and October. As a result, we received two grant applications for this funding. The first one was from Zero Emissions Noosa, Inc., and they requested $10,363. And that was to undertake some community consultation to actually investigate the community. So, we asked the community to provide funding for the walking and cycling strategy.
00:10:00 And as a result of this, we recommended that funding was not provided at this stage, because, although this was a very high-caliber application, the paid parking is really part of a much bigger, overarching strategy as the council has currently gone underway. So, that was not recommended at this stage. And then the second grant, again, was a very high-prepared application from that council. Well prepared application, and that was from Cooran Earthrights, auspiced by Noosa and District Landcare. And the grant that they requested was $15,660 to establish a community garden in the King Street Park, Cooran. This again, we recommended, was a very well put together application, and also fitted well within the climate change response grants and guidelines. However, this whole area is subject to a master plan, and it was thought that this was a bit premature,
00:11:00 even though the master plan could potentially actually have a community garden in there. It was thought that the master plan would be better to be done first, and then actually to have the community garden following that development of that master plan. So again, there was not a recommendation for funding at this stage for that particular project. So as a result, the $17,773, we recommend that we retain those grant funds, and actually add those to the next funding which will be released in the first quarter of 2023. Councillor Wegener: Thank you Annie. Any questions? Councillor Finzel: Yeah, I just have a question. Thanks Annie. Just a question in regards to the strategic planning for the Cooran area. How far down the line do we project that outcome? When will that be ready? Speaker 1: I haven't got visibility of that. My understanding is that there is a recommendation maybe going forward in the budget for next year,
00:12:00 but I haven't got visibility of that one. I'm sorry. Okay. Councillor Wegener: Councillor Loretta. Councillor Lorentson: Hi, Annie. Just in regards to the application made by SEM, they put a proposal just requesting just some information, about paid parking. The application, according to the report, was very high calibre. So I'm guessing a lot of time and effort, and it's been supported by Bicon, Ecotech, RRA, PBCA, and RRAPAY. So it looked like it was quite a detailed application. Did they, or should we be communicating better with SEM? Because paid parking, we've done quite a lot of work, and we've invested and engaged external consultants on this matter, and it's a body of work that, for two years, Council has invested a lot of resources.
00:13:00 Is there a pre-watchment before sort of getting into a grant application? I'm just concerned because they do such great stuff, SEM, and it's just a shame that they've gone to all this trouble to be told, sorry, we're already doing this. So there's an area of duplication is where I'm going. That's a really good point. Yeah, so how do we stop that from happening in the future, Annie? Speaker 1: Yeah, I think that's a really good point. And when we actually get the sort of discussion about the applications is that there is probably a better way that we can actually communicate to SEM Inc about, you know, what the opportunities are around what we're actually currently doing. I think also the Climate Change Response Community Reference Group is also an opportunity where we can actually feed that information about what is actually happening in terms of paid parking, so we can take that on notice and we can put it in the next agenda going forward, the CRG.
00:14:00 Thank you. Thank you. Thank you. Councillor Lorentson: Thank you. Councillor Wegener: Any other questions? Anybody care to move? I'll move it. Councillor Finzel: I'll finish second. Okay. Councillor Wegener: So we'll move it by the Mayor and seconded by Councilor Finzel. All in favor? See any of us? Any? I see. Up to six reports for noting by the committee. This is the Vice Pro Counsel? Yeah. We'll note that Councilor is new in the room. Yes. Okay. Thank you. Thank you very much. Councillor Wegener: Planning and Applications Decided by Delegated Authority Report for October 2022. Patrick, do you want to be back in the chair? Speaker 2: So you've got in front of you the report for the applications that were decided under delegated authority for October.
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00:15:00 There were 35 applications that were decided across a range of application types, operational works, approvals, changes to existing approvals and new MCEs. Deputy Mayor Stockwell: It's probably a good opportunity just to ask, has there been a recent change since the rise in interest rates in the volume of applications? Or are we still sort of tracking what we have been through the COVID period? Speaker 2: We've been very, very busy for a long period of time. Interestingly enough, we have a weekly what's called a DAP meeting to review the new applications. And we only had two items on that. We still had some pre-lodgement meetings. So that was a bit of anomaly. So it hadn't been trending. So I'm not sure what this week is looking like at this stage.
00:16:00 But we're certainly still getting a range of applications and some pretty complex and sophisticated applications. Councillor Finzel: Okay, moved. It's done. Move by the Mayor, seconded by Councilor Finzel. Councillor Wegener: All in favor? It's unanimous. Thank you very much. Thank you, Patrick. Thank you, Leah. That's it for today's Planning and Environment Committee meeting. Thank you, everyone.