General Committee Meeting - 13 February 2023
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 2023 archive, under 13 February
- Minutes: council's 2023 archive, under 13 February
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 16 January 2023 be received and confirmed. committee resolution Carried unanimously
The Minutes of the General Committee Meeting held on 16 January 2023 be received and confirmed.
Moved by Karen Finzel, seconded by Tom Wegener.
Carried unanimously. The minutes do not name who voted which way.
- MCU22/0154 – Application for a Material Change of Use (Food & Drink Outlet, Shops & Offices) at 214 David Low Way, Peregian Beach
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That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 7 February 2023 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 7 February 2023 regarding Application No. MCU22/0154 for a Development Permit for Material Change of Use - Food and drink outlet, Shops and Offices situated at 214 David Low Way Peregian Beach and: A. Approve the application subject to 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 DA200-AB AB Proposed ground level plan prepared by DT Architect 19.01.2023 DA201BAC BC Proposed upper floor plan prepared by DT Architect 19.01.2023 DA202-A A Proposed section prepared by DT Architect 19.01.2023 DA203-AB AB Proposed elevations prepared by DT Architect 19.01.2023 DA204-A A Proposed elevations prepared by DT Architect 19.01.2023 DA400 - Finishes schedule prepared by DT Architect 19.01.2023 Building Appearance 3. Ground floor shopfront glazing along all frontages must be fully transparent to a minimum of 65% of the street frontage to allow passive surveillance and encourage social interaction and must be provided at full height (floor to ceiling). 4. Any security screens on the premises must consist of grille or translucent screens and not solid shutters, screens or roller-doors. 5. All mechanical equipment and other service infrastructure located on the site must be: a. located not less than 2 metres from a property boundary. b. fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Roof materials must be non-reflective and designed with colours and styles to minimise the visual impact of the development. Weather Protection 6. Street awnings must be provided along the full length of the western, eastern and southern frontages as shown on the approved plans. The awnings must have a minimum width of 2.4 metres from the building line or the same unless otherwise approved and must be designed to provide continuous solar and rain protection and promote all weather activity. 7. All ground floor shopfront glazing must be protected against vandalism by the use of a form of safety glass such as toughened or laminated glass. 8. The eastern balcony area above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like. 9. During operating hours, pedestrian areas and entrances/exits to all stairwells, lifts, foyers and public toilets 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. 10. The approved use must not operate outside the hours of 6am to 10pm seven days a week, except for Food and Drink Outlet which may operate on Friday and Saturday until 12 midnight. 11. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site. Operations 12. The operation of the food and drink outlet 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. 13. Any live music must be contained within an enclosed acoustically treated environment. 14. Acoustic live music (not reliant on electric or electronic equipment) must cease to operate in outdoor spaces by: a. 9:00pm Sunday – Thursday and public holidays b. 10:00pm Friday and Saturday 15. Amplified live music must cease to operate in an outdoor space by 7:00pm seven days per week Currency Period 16. This development approval lapses if the use has not happened by 16 February 2028 unless an application to extend the currency period is approved by Council. Building Height 17. The maximum height of the development must not exceed RL17.36 as detailed on proposed elevations DA203-A. 18. Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice. Performance Bond 19. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions. Street Identification 20. The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name. DURING CONSTRUCTION Retention of Existing Trees and Vegetation 21. All trees and surrounding vegetation identified on the detailed survey DWG 204099 004 DS rev 0 for retention must be protected in accordance with AS 4970, Protection of trees on development sites. 22. A qualified person * must be engaged for the duration of the works to: a. Oversee installation of all tree protection fencing prior to commencement of any works onsite. b. Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites. c. Undertake a risk assessment of the ‘Pandanus tectorius’ that is extending within the development footprint, and carry out amenity pruning in accordance with AS 4373, Pruning of amenity trees to protect the tree during the construction process. *(Refer to Advisory Note) Water & Sewer Connections 23. An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater). A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site. Services 24. Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications. 25. Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction. Easements 26. 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. 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. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee. Damage to Services and Assets 27. 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. DEMOLITION WORKS Performance Bond 28. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions. Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994. Waste Management 29. A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP9 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal, or relocation. The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free. Higher gate fees are charged for mixed waste. Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use.
Moved by Amelia Lorentson, seconded by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
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That the order of business be altered to move Report no.2 regarding MCU19/0089.02 & OPW19/0160.02 to be dealt with as the last item on the agenda in Confidentia… procedural motion Development Carried unanimously
That the order of business be altered to move Report no.2 regarding MCU19/0089.02 & OPW19/0160.02 to be dealt with as the last item on the agenda in Confidential session.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Noosa Place Program – Pilot Place Selection
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That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 13 February 2023 and: A. Approve Kin Kin to be the loc… motion Superseded
That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 13 February 2023 and: A. Approve Kin Kin to be the location of the Pilot Noosa Place Program on the basis of need and to assist council develop robust place-making program processes and; B. Approve Pomona be the location for the first formal Noosa Place Program.
Moved by Frank Wilkie, seconded by Tom Wegener.
The minutes record no vote on this motion: they go straight on to the amendment that followed, below.
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A. Approve Pomona be the location for the first formal Noosa Place Program and; B. Approve Kin Kin to be the location of the Pilot Noosa Place Program on th… amendment Superseded
A. Approve Pomona be the location for the first formal Noosa Place Program and; B. Approve Kin Kin to be the location of the Pilot Noosa Place Program on the basis of need and to assist council develop robust place-making program processes. The Chair determined that this proposed motion directly negates the previous motion and therefore could not be put and the Chair has ruled out of order.
Moved by Brian Stockwell.
The minutes record no vote on this amendment: they go straight on to the amendment that followed, below.
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That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 13 February 2023 and: A. Approve Kin Kin to be the loc… motion Lost · 1–6
That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 13 February 2023 and: A. Approve Kin Kin to be the location of the Pilot Noosa Place Program on the basis of need and to assist council develop robust place-making program processes and; B. Approve Pomona be the location for the first formal Noosa Place Program.
Moved by Frank Wilkie, seconded by Tom Wegener.
for 1 — Frank Wilkie
against 6 — Joe Jurisevic, Tom Wegener, Amelia Lorentson, Karen Finzel, Clare Stewart, Brian Stockwell -
That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 13 February 2023 and A. Approve Pomona to be the locat… motion Superseded
That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 13 February 2023 and A. Approve Pomona to be the location for the first Place Program pilot and; B. Approve Kin Kin then Tewantin as the next two priorities for the Placemaking program
Moved by Brian Stockwell, seconded by Clare Stewart.
The minutes record no vote on this motion: they go straight on to the amendment that followed, below.
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That item B be removed. amendment Lost · 1–6
That item B be removed.
Moved by Tom Wegener, seconded by Amelia Lorentson.
for 1 — Tom Wegener
against 6 — Brian Stockwell, Frank Wilkie, Joe Jurisevic, Clare Stewart, Karen Finzel, Amelia Lorentson -
That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 13 February 2023 and A. Approve Pomona to be the locati… committee recommendation Carried unanimously
That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 13 February 2023 and A. Approve Pomona to be the location for the first Place Program pilot and; B. Approve Kin Kin then Tewantin as the next two priorities for the Placemaking program
Moved by Brian Stockwell, seconded by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
- Financial Performance Report – January 2023
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That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 13 February 2023 outlining January 2023 year to d… committee recommendation Budget & finance Carried unanimously
That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 13 February 2023 outlining January 2023 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 Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Operational Plan Progress Report – 2ND Quarter 2022-23
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That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 13 February 2023 regarding the 2022-23 Operational Plan and: … committee recommendation Carried unanimously
That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 13 February 2023 regarding the 2022-23 Operational Plan and: A. Note the progress report for the 2022-2023 Operational Plan to 31 December 2022 provided as Attachment 1; and B. Note the status of Council’s Key Performance Indicators provided as Attachment 2.
Moved by Karen Finzel, seconded by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
- Organisational Realignment Noosa Council
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That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 13 February 2023 regarding the Organisational Realignment and… motion Superseded
That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 13 February 2023 regarding the Organisational Realignment and: A. Approve the implementation of 3 new roles to the structure: 1. Director of Compliance and Regulation; 2. Manager of Strategic Planning and Climate Change; and 3. Co-ordinator Office of Mayor, Councillors and Chief Executive Officer on a 2-year basis either via internal secondment or temporary contract. B. Approve the Functional Realignment within this report as the Noosa Shire Council adopted organisational structure; and C. Authorise the Chief Executive Officer to make minor administrative changes to naming conventions within the structure on an as required basis.
Moved by Brian Stockwell, seconded by Karen Finzel.
The minutes record no vote on this motion: they go straight on to the amendment that followed, below.
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That General Committee Agenda Item 6 be deferred to the Ordinary Meeting for further information. procedural motion Carried unanimously
That General Committee Agenda Item 6 be deferred to the Ordinary Meeting for further information.
Moved by Frank Wilkie, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Confidential Session
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That the meeting be closed to the public pursuant to section 254J(3)(e) of the Local Government Regulation 2012 for the purpose of discussing legal advice relat… committee resolution Carried unanimously
That the meeting be closed to the public pursuant to section 254J(3)(e) of the Local Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal in the Planning & Environment Court in relation to Item 2 - MCU19/0089.02 & OPW19/0160.02 – Planning & Environment Court Appeal No. DB928/2022 – Application for a Minor Change to a Development Approval For Service Station and Shop and Operational Works – Signage at 54 Mary Street, Noosaville.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
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That the meeting be re-opened to the public. committee resolution Carried unanimously
That the meeting be re-opened to the public.
Moved by Frank Wilkie, seconded by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
- MCU19/0089.02 & OPW19/0160.02 – Planning & Environment Court Appeal No. DB928/2022 – Application for a Minor Change to a Development Approval for Service Station and Shop and Operational Works – Signage at 54 Mary Street, Noosaville
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That Council note the report by the Acting Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 February 2023 regarding Planni… committee recommendation Court cases Development Carried · 6–1
That Council note the report by the Acting Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 February 2023 regarding Planning & Environment Court Appeal No. DB928/2022 and agree to settle the appeal generally in accordance with the following changes to the development approval: A. Amend conditions 5, 103 and 105 to read as follows: 5. The approved use must not operate outside the hours of 4am to 10pm. 103. Advertising devices 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 A-7001 7 Signage Elevations, prepared by V Architecture 20.12.2021 105. This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans. In this regard the plans must be amended to reflect the following: a. The pylon sign must be setback at least 1.50 metres from the front boundary b. Each side of the pylon sign must not exceed a total of 4m2 of signage c. A maximum of one pylon sign (S6) and 4 Helios signs on the canopy with band (S1) are permitted to be illuminated for the site.
Moved by Clare Stewart, seconded by Amelia Lorentson.
for 6 — Karen Finzel, Amelia Lorentson, Frank Wilkie, Clare Stewart, Tom Wegener, Joe Jurisevic
against 1 — Brian Stockwell
Source
- Council recording: full video © Noosa Shire Council
- Agenda and minutes: council's 2023 meeting archive
- Decisions: our votes register, parsed from council's minutes
- Council's meetings index: noosa.qld.gov.au