Before the first item ¶
00:00:00 Councillor Lorentson: I'm here today to be planning an Environment Committee meeting 12th of November 2024. I declare the meeting now open at 9.34. I would like to begin by an acknowledgement to Country. Noosa Council proudly acknowledges and respects Australia's First Nations people and their deep and abiding connection to this country. We recognise the Kabi Kabi people as the traditional owners of the lands and waters of the Noosa area. And we pay respect to Elders past, present and emerging and to their enduring commitment in pursuing a strong and healthy future for First Nations people. There are no apologies and I'd like to acknowledge Councillor Tom Wegner, Mayor Frank Wilkie and Deputy Mayor Councillor Brian Stockwell. CEO Larry and at the desk we've got Director Richard MacGillivray, Nadine and Patrick Rogan.
00:01:00 Confirmation of minutes. Can I please have someone to move the second up. Thank you. No discussion or in favour. Presentations and deputations there are none so we'll go to reports for consideration of a committee. Report 5.1. Planning and Environment Court Appeal number 261 of 2024. MCV 23 slash 10105. Application for a material change of use for multiple dwellings. Six small dwellings, food and drink outlet. And office at number 2, Bottle Brush Avenue. Noosa Heads. I'd like to move that the meeting be closed for public pursuantists. Deputy Mayor Stockwell: Thank you. Section 254 J3E and the Local Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal in planning and environment court for item 5.1.
2 CONFIRMATION OF MINUTES ¶
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3 PRESENTATIONS ¶
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4 DEPUTATIONS ¶
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5 REPORTS FOR CONSIDERATION OF THE COMMITTEE ¶
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5.1 PLANNING & ENVIRONMENT COURT APPEAL NO 2611 OF 2024 - MCU23/0105 APPLICATION FOR A MATERIAL CHANGE OF USE FOR MULTIPLE DWELLING (6 SMALL DWELLINGS), FOOD AND DRINK OUTLET AND OFFICE AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS ¶
00:02:00 Councillor Lorentson: May I have a seconder please. Nothing. Thank you, Councillor Tom Wegner. Deputy Mayor Stockwell: I will speak to it. The report is just about responding, agreeing to respond to appeal which is a standard administrative process. But I do have questions in regard to this application. And it's appropriate that we, as the appeal is now live, that we don't discuss that note with the committee. Councillor Lorentson: All in favour? Speaker 1: I'll now declare the meeting closed.
00:34:00 Councillor Lorentson: Thank you. So I'd like a seconder for the motion in front of us. Have we already seconded? We haven't got a mover. Oh, okay. I've got a mover. Thank you. Speaker 1: I have a seconder. Councillor Lorentson: Great. Any further discussion? No? Put it all to a vote. All in favour? Thank you. And that's carried unanimously. Now I'm going to reports for voting by the committee, planning applications decided by delegated authority. And again, I'll hand it over to our planning officers if they could give us an overview of the report in front of us. Speaker 3: Yes. So it's the monthly report that gets presented to Councillors detailing those applications that are decided under delegation. This is for the month of September of 2024. You see quite a number of decisions. Two matters determined by council.
6 REPORTS FOR NOTING BY THE COMMITTEE ¶
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6.1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY - SEPTEMBER 2024 ¶
00:35:00 Councillor Lorentson: Questions by councillors? Councillor Wegener: Sidoni Street. So that's a big development with 14 units and five offices. And was that all just code accessible? Speaker 3: It was. You may recall we did send an email about that one, advising of the development, noting it was a significant development. It certainly was code accessible. It was a good development. I shared some images of that one. Councillor Wegener: And then the other one of course is 486 Cable Ends Road, Cooran, short term accommodation, two cabins. So is that, I'm sort of assuming there's a house with permanent residence there and there's two cabins. Speaker 4: No. No, it's two cabins. There is a, there is a residence at the top, but there are, I think there's, I'm not quite sure if that's fully authorised.
00:36:00 But there are two cabins which are consistent. They're code, aren't they? Yep. Code accessible. So they complied with all requirements. Councillor Lorentson: So does the coding principle at all impact on the approval processes for STAs? So we have amendments in place which... Speaker 3: We can start to, if an application was received now, we would be able to start giving some weight to the amendments. In this instance, if it's cabins, it would still be under, I think with the new scheme, the thrust is really around the use of a dwelling and that there'd be a dwelling remain on site for permanent occupation. But in terms of cabins, I don't believe there's a significant shift there. Councillor Wegener: Were these long term resident homes before they were cabins?
00:37:00 Or were they always new cabins? Speaker 4: No, they're new. No, they're new. So there is a building on site and then there will be two new cabins. Get you to building them? Yes, they'll be brand new cabins, yes. Deputy Mayor Stockwell: So I think, I noticed when, I think I went into perspective before. It's up. Yes, that's correct. There is a little cottage that has excellent views. Yes. But lots of little cottage and then the proposal is for two cabins. This is actually a really good place if you're a walker or a bike rider to get to the top of the table ends the rest of the night. So in terms of that, you know, proximity to the trail and all that sort of stuff, it isn't reusing an existing dwelling. Speaker 3: No. Deputy Mayor Stockwell: Yeah, they may in the future build a dwelling there for themselves instead of little cabins but it's just a good place to have a bit of rural, tourist accommodation. Councillor Lorentson: They also, unfortunately, they were building their residential home two and a block from them, right?
00:38:00 No. No. Deputy Mayor Stockwell: There's a little cabin down in the bush. A little cabin down in the bush. Glorious views from after a row. Yes, that's correct. Over the edge of a cliff. That's right. Yeah. Yeah. Yeah. Quite stunning property. Yeah. Yeah. Right beside where traditionally the Scouts camp up. Speaker 4: Yes, that's right. So they're new cabins and there is an existing dwelling, dwelling on site. How big is the property? Councillor Lorentson: Oh, sorry. Time went off the top of my head. I don't know. Speaker 4: It would be, if it's code, it would have been over four hectares up there. Yeah. But as Brian said, it is right, it's right next to the lookout and it's on the, on the trial network. You go down, down the road, down to the Mother Mountain and it all connects up. Deputy Mayor Stockwell: Yeah. In memory of the riparian overlay wasn't correct. Speaker 4: The riparian. Deputy Mayor Stockwell: They mapped the gully rather than the creek. Speaker 4: They were cleared of the riparian buffer. The riparian buffer was mainly, or the riparian wouldn't have been a buffer, riparian biodiversity, sorry.
00:39:00 Biodiversity zone overlay was more along the, the edge of the, the escarpment sort of thing, going down with them. Speaker 3: You might be talking about a different property. Councillor Lorentson: Oh, you're talking about a different one. Speaker 3: But you're right, there is a cabin right on the edge of the cliff here too. Deputy Mayor Stockwell: I think this is widely running. Speaker 4: I'd have to have a look, sorry. Deputy Mayor Stockwell: Yeah, because I, after the inspection I did. That's right. By the TV planning that. Yeah. I thought someone had followed the wrong contour. Okay. Yeah. Put them all away. One was a dry gully and the other was a creek just about two metres to its west. Speaker 2: Yeah. Yeah. And I think. Councillor Lorentson: My final question is, what is Council's position on short term accommodation and when are we no longer approving any STAs? Maybe a question. Speaker 2: Yeah. Yeah. Look. So obviously we've got the scheme amendments and I think, you know, it's important to note with this application, I see it was actually lodged back in May.
00:40:00 So prior to the scheme amendments being made public. So again, and I think we've, we've previously discussed when people are lodging prior to, you know, any draft scheme amendments, changes are going to be made. I think it's important to note that the changes, essentially the weight is with the scheme that's current at the time. As we progress through our current round of amendments, the more weight we can apply to the new draft scheme. So you know, new applications lodged now post public exhibition of our draft planning scheme will gives greater weight to the fact is we've got a shift in policy. This is our intention is to move towards making these uses inconsistent. And we'll give that serious consideration as part of that. And the further we move through, if we are able to get out to state interests second stage, and then in the future that will give further weight again. So essentially the closer we get to progressing through there, the more weight we can give
00:41:00 to those new provisions. So my advice would be is that any new applications for STA in the rural areas, lodged post public exhibition, we would give weight to the fact is we're shifting. Our position and yeah, we would be raising concerns about issues where they haven't addressed what the draft scheme is intending to deliver. Councillor Lorentson: Tom, any further questions? Speaker 2: Yeah. Good. Councillor Wegener: Thank you. Councillor Lorentson: I'll put the report in front of us. All in favour? We haven't had a mover and a seconder. I'll move it. Thank you. Thank you. No further discussion. All in favour? And I think that brings us to the end of planning and environment, so I officially close the meeting at 10.
7 CONFIDENTIAL SESSION ¶
Council's recording ends before this item. Where a meeting resolved to close its doors, that is what the end of the recording means — see what council discussed in private.
8 MEETING CLOSURE ¶
Council's recording ends before this item. Where a meeting resolved to close its doors, that is what the end of the recording means — see what council discussed in private.