Before the first item ¶
00:00:00 Councillor Lorentson: Welcome to the Planning and Environment Committee. I noted that Councillor Stockwell and Mayor Wilkie is in attendance. Also would like to note that Councillor Tom Wegener is an apology for today. He's at the dentist. And welcome Councillor Karen Finzel. She's sitting as an observer on line. I'll start with an acknowledgement to Country. I respectfully acknowledge the Kabi Kabi people as the traditional custodians of the lands and waters that form the region we call Noosa. Council pays its respect to Elders past, present and future and welcomes the ongoing role that Indigenous people play within the Noosa community. Confirmation of minutes. We'll go straight to confirmation of minutes. I'd like a mover and a seconder. I'll move it Madam Chair. I'll second it. Thank you, Councillor Stockwell.
2 ACKNOWLEDGEMENT OF COUNTRY ¶
00:01:00 No discussion. All in favour? Thank you very much. And now let's move to the next item, which is item seven, reports for consideration of the committee 7.1. Before we move into a summary discussion of the development application, I note that Councillor Stockwell, has a declaration to make. Deputy Mayor Stockwell: Yes, in accordance with the relevant part of the Act, I declare, I wish to inform the meeting that I have a declarable conflict of interest in this matter due to my previous work in Lake MacDonald for SEQ water. In 2019, as part of a broader consultancy project that I completed as a sole trader, I undertook land asset classification of land owned by SEQ water around the Lake MacDonald Dam. The work was at a strategic level and assessed the past and increased it as part of the broader evaluation. The project produced land capability and suitability assessments for various land uses, including for recreational pursuits such as those that proposed in the application.
4 CONFIRMATION OF MINUTES ¶
Nothing was transcribed under this heading — a stretch of the recording with no speech the model could make out.
7.1 MCU24/0151 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR OUTDOOR SPORT & RECREATION (ROWING CLUB) AT LAKE MACDONALD DRIVE, LAKE MACDONALD ¶
00:02:00 In 2020, as part of the broader consulting project, I also undertook a further assessment evaluating the suitability of land around Lake MacDonald for a solar farm. Although I have a declarable conflict of interest, I do not believe a reasonable person could have perception of bias because I've had no dealings with SEQ water in a private consulting capacity since that time. Therefore, I will choose to remain in the meeting room. However, I'll respect the decision of the meeting on whether I can remain and participate in the decision. Councillor Lorentson: Thank you. Any questions from any of the Councillors? Mayor Wilkie: I do. Thank you, Madam Chair. Just to clarify, Councillor Stockwell, are you making this declaration because this report is about a sporting club? Wanting, gaining permission to move its shed and it's on SEQ water land and you have a link, a previous link to SEQ water. Are you making this declaration basically because of the link or is there any, purely because of the link,
00:03:00 or is there any benefit accruing to you because of your work in this current project that's before us? Deputy Mayor Stockwell: No, there's no current benefit. It's only because the, at a strategic level, I have assessed this particular site for its suitability for recreation, but not in the specifics that would be required to assess an application for town planning. It's only because of that previous private work that I have consistently declared, but have received legal advice that there's no longer, you know, longer a declaration, so it is just because of the fact that I have made recommendations that cover the land in a previous private capacity. Mayor Wilkie: So you're being extremely cautious? Yes. Okay. Madam Chair, I'll move that the Council note the declarable conflict of interest by Councillor Stockwell,
00:04:00 and that in accordance with Section 150ES of the Local Government Act 2009, and having considered the Councillor's... Conflict of interest as described, it is decided that Councillor Stockwell may participate and vote on this matter relating to MCU 240151 Development Application 1RP167252 Lake Macdonald Drive, Lake Macdonald, as a reasonable person will not have a perception of bias, as there is no personal gain or loss involved for Councillor Stockwell. Councillor Lorentson: Just a couple of questions before I second. Um, I may be applicant. And that's why the decoration has been made. Is that correct, Councillor Stockwell? Deputy Mayor Stockwell: Not necessarily, no. It was about the fact of my previous work. It wasn't about who the applicant was. Councillor Lorentson: And you mentioned that you sought legal advice on the matter. Deputy Mayor Stockwell: On a range of matters.
00:05:00 Councillor Lorentson: On a range of matters. And that the legal advice was that there is no longer existing a conflict of interest. Deputy Mayor Stockwell: There's no longer a broader conflict of interest around the SEQ border and the grades because it's a recreational use. And I've made assessments on that particular area for its recreational suitability. Councillor Lorentson: Thank you for your overabundance of caution. I'm happy to second that. All in favour? Thank you. And we'll move to discussion of the application in front of us. Welcome Nadine, welcome Patrick. Can I ask if you can give us an overview? Why is the Lake Macdonald Rowing Club seeking to relocate and where to? Speaker 2: Okay. Good morning, Councillors. This is an application for material change of use for outdoor sport and recreation for the Lake Macdonald Rowing Club. The proposal is for the temporary relocation of the Lake Macdonald Rowing Club from its existing location at Colwood Road,
00:06:00 which is on the northern end of the lake, to the western side of the lake off Hoy Road. The move is required due to the proposed dam and spillway works that are proposed by the upgrades by SEQ Water. SEQ Water has been liaising with the applicant and with Council officers to find a site that meets their requirements and to meet the requirements and can sort of be relocated because of those dam works. One of the main requirements is that it is on the lake and has good access to the lake. The facility proposed is quite small. It contains two containers, a fence compound, a toilet and a car parking area along with access to the lake. The use isn't consistent with the Environment Management and Conservation Zone in which it's contained within. However, planning consider that the use is acceptable based on it's a temporary use.
00:07:00 It has been relocated because of the dam upgrade. So it has to be relocated. The site is above the flood line. There is no vegetation to be removed and it's been set back as far as possible from the lake, maintaining those water quality aspects. Car parking is able to be provided on site and as I said previously, there's good access to the site. Two submissions were received in response to advertising of the proposal. They were concerned about visual amenity, noise and anti-social behaviour and traffic. However, in terms of our review of those submissions, we believe conditions can be imposed to address most of those concerns. And noting, it is a temporary use and it is a very small club. The proposal indicates that there are nine members. So it's a small club. And in terms of that anti-social behaviour, the potential of having more people down that area might also discourage that.
00:08:00 A condition has been also imposed to reflect that. The temporary nature. A sunset clause has been included in the conditions of seven years. This was requested by the applicant to basically cover the proposed works, which we understand in terms of the dam could take five years, but they asked for a couple of extra years in terms of contingency. So that's why that condition was imposed. And we do, in our recommendation, we do have to add, I'm not quite sure how we would do this, but we do have to add an extra clause in just the header. Because it's referencing Lake McDonald Drive, that's the description that came up from our own work, our own mapping. We do have to include the lot and RP. And there it would be, yeah, described as lot one on RP 167252. So it's just that it's not clear. As I said, from our mapping data, it just said Lake McDonald.
00:09:00 So we have to put the address in there just to clarify and make sure that that references it. Speaker 3: So the site doesn't have a street number. It's just referred to as a property at Lake McDonald Drive. So this way it provides clarity as to the actual title. Councillor Lorentson: A question for the Chair. Can this amendment be made in Planning and Environment Committee or is it something we refer to at the General Committee? Speaker 4: Through the Chair, I believe this can be made through the E&E Committee. It's technical. I think it would in my administrative manner. Councillor Lorentson: Thank you. Questions before we move the amendment? Mayor Wilkie: Yeah, thank you, Madam Chair. You mentioned that there were two submissions objecting and on the grounds of visual amenity, noise and traffic and antisocial behaviour, potential for antisocial behaviour. Can you talk us through the conditions that you've included in this recommended approval that addresses those particular objections?
00:10:00 Speaker 2: Yes. So there are limitations on the hours of operation, which are basically early morning and afternoon. There's to be no activities after sunset. We've limited the number of patrons who can use the club, which was what was proposed by the applicant. So put hours of operation. We've got fencing there as well for security and safety. They've got the... the two containers on site as well. And we've also put some landscaping in there. So they're probably the main conditions that we've imposed to restrict and sort of ensure that the amenity is maintained and that there's limited impacts on the surrounding area. Mayor Wilkie: And it appears you have... you've requested use of muted colours and non-reflective materials. Speaker 2: Yes. Oh, sorry. Yes, we have it as well. Yes. Mayor Wilkie: And there's a maximum of nine on site. That's correct. At any time. And to clarify, SEQ Water required this club to move
00:11:00 so they can do their works. Speaker 2: That's correct. Mayor Wilkie: And they've... they've proposed this site for them. Speaker 2: That's right. This is... SEQ owns the site. Yeah. So they liaise with the club and also council officers to look at different locations. And this was one of the sites that came up as the preferred location. OK. Thank you. Councillor Lorentson: I also noticed part of the conditions that competitions or larger events are not permitted at the new site. Can you talk about that? Because that does address... I've got both the submissions that were opposing the application in front of me, and that was a recurring issue. Speaker 2: Yes. Yes, that's right. So, no, yeah, that condition about the number of people attending the site at nine and that there are to be no events planned there as well. It's just a relocation of the small club. And based on the facilities, we've limited the use to what was proposed. And, again, of a temporary nature, we don't want this to be a... We don't want events to be coming down this road. We don't want lots of...lots of activity to occur in this location.
00:12:00 Councillor Lorentson: Just out of curiosity, so submissions are made and the report is really quite thorough, so it addresses pretty much every concern in the submissions with adjoining conditions, how we're going to mitigate the impacts. Does that get communicated to the submitters or...? Speaker 2: So when...so, basically, we will issue a decision. Yep. The applicant then has 20 business days in which to appeal. If they don't appeal, we then issue the notice to...the decision to the submitters. And so they get a copy, and then they have the opportunity to appeal against the proposal. So if they...also, if they ring up, we also will send them a copy of the link where they can see the report and all this discussion as well. So we send them a direct link for that. Councillor Lorentson: Fantastic. Thank you. Any further questions? Councillor Stockwell. Deputy Mayor Stockwell: In their current location, there is a pontoon
00:13:00 and also a boat ramp, which I presume they use one or both of those to launch. There is a hazard in the lake in terms of the bomber being something that's actually quite dangerous if you get caught up in...if you're sort of launching boats, et cetera. Have we had any consideration... I know it's only a grass track about the... any condition might be required in terms of maintaining safe access to the water. I'm sure it's something that they've thought about. But it's just that the current situation, it is well managed. It can move into a new situation. I don't know what the current situation is with the bomber, but... With the what? I'm sorry. The bomber is a weed of natural... Oh, the weed. Yeah, so... Yes. It grows up to lengths of 14 metres. Yes. And if you do happen to fall in and get tangled up, it can be a risk. Speaker 2: SEQ Water has been... Basically, they're running. They're the applicant.
00:14:00 They're the applicant to SEQ Water and the club to manage. We've tried to minimise... Because it is temporary and we have got water quality, we've tried to minimise the impacts and the construction activities into the lake. And the environment officer, he wasn't too keen on a sort of gravel or really substantial pathway... Deputy Mayor Stockwell: It's more a maintenance thing. Yep. The boats are all stored on-site. They're not moving off-site? Speaker 2: No, that's right. Yeah. They all store off-site at the moment. And generally, I've seen most of them walk down the ramp to get in. And they're fairly light. You know, they just... I think one or two people carry them down. Speaker 3: I don't think they've proposed any cartoons as part of the application. No, they haven't. Deputy Mayor Stockwell: I wouldn't have thought that everyone they would. I guess raising it as an issue that... We've... Speaker 3: So the site was chosen because when they do the works, the dam level was to be lowered. Yeah.
00:15:00 So this was a site that they considered that the access would still be suitable once the dam level was lowered. That's a good point Deputy Mayor Stockwell: because the Kumbongas are likely to be in the area that's lowered. Yeah. Speaker 3: Yeah. Mayor Wilkie: So sloping, a gently sloping profile. Speaker 3: More accessible is what they've said this area is. But perhaps when they lower it, they might turn around and say, we'd like to add a pontoon, and then have to come back and change if that's what they're asking at that point. But they have done some analysis at this point, and that's the reason why this site was chosen. Yeah. Councillor Lorentson: Well, both submissions raised concerns with safety. They were concerned that the creation of a nine-car park potentially might attract unwanted gatherings and apparently, I don't know, that's already happening at the moment. I know the conditions, we have got a condition in terms of lighting, but it's not to address safety concerns. It's more in terms of environment.
00:16:00 How have we addressed that issue or is the creation and site location of a rowing club, is that in itself a means of mitigation? Speaker 3: Well, it does occupy an area where people may have access. Previously, the car park is to be contained within the site and then the site is to be fenced. Yeah. So, there's an element of security that will be provided to the site in itself and noting that the hours are early morning and afternoon, it's not like the cars will be there or people will be there late into the day. Speaker 2: So, there are, we understand there's a little picnic shelter in the road reserve and that's where people gather. So, yes, we believe that this might, you know, with people coming and going, it's a less desirable place for people to sort of hang out, I suppose. So, but yeah,
00:17:00 this will be, the compound will be fenced off. So, we can, we could add a, yeah, I'm not sure if we need to add an additional condition about fencing, if that's what you're after. Speaker 4: I see condition five, limited persons on site between sunrise and 9.30 a.m. and then between 3.30 p.m. and sunset each day. So, essentially, restricted to hours in the early morning up to 9.30 and then hours in the afternoon for the session before the sunset. So, quite restricting in terms of hours. So, unlikely to have people there in late hours after dark. So, yeah, that does sort of control, I guess, the scale of activities likely to occur. Speaker 2: That's right. And I don't, and I don't think this type of club, like the current, the club currently operates out of Colwood Road. And, you know, this is again, Colwood Road is a fairly isolated location as well. And there's a, there's a, an open toilet there
00:18:00 and a picnic area. And again, the club seems to function quite well there. I don't think that the club, I don't believe the club in itself is, or this facility is going to further attract people down to this area. Councillor Lorentson: Thank you. Any further questions I might ask Karen? I just prompted one. Mayor Wilkie: Will there be toilet facilities on site? There is, yeah, Speaker 2: temporary toilet. Yeah, thank you. It's a little portable toilet. Yeah. Councillor Lorentson: Are any further questions around the table? And I note, Councillor Finzel, you have a question. Can I, welcome to the meeting and please let the staff know your question. Councillor Finzel: Good morning. Thank you, Madam Chair. Thank you for the report. I just have a quick question. Given the temporary nature of the move, in relation to the sunset clause, has there been any discussion as to what the club's plan are, post the seven years?
00:19:00 Speaker 2: Well, we've mainly been dealing with SEQ Water, and they, they've asked for the seven years. We're, we're anticipating that they would be moved back to the Colwood Road site. Councillor Finzel: Thank you. And would that need anything to come back to council at that time, or will that just be an actual transition back to their original location? Speaker 3: You're getting into it here. Speaker 2: We might have to wait and see. we might have to wait and see. We might have to get back to you on that, Councillor Finzel. Speaker 3: Due to the extended period of time, and depending what they want to reconstruct, it may, it may require further approval. Councillor Lorentson: there could be an abandonment of existing use rights. Speaker 3: That's correct. Yeah. Councillor Lorentson: I suppose it depends what happens, yes. Speaker 4: Yeah, the facts and circumstances will be relevant in terms of the, the, they've had to relocate due to infrastructure works, but it will come down to what they're proposing, if it's like for like, or whether it's challenging. Councillor Lorentson: That's right, Speaker 4: same location. And, Councillor Lorentson: and the term also influences that,
00:20:00 and I've requested a slight amendment, which I'll bring forward to the general meeting, which I think probably captures what we're discussing. So if the works are completed ahead of schedule, and they may be, may be completed in three, four years, the approval lapses at that time, Yes. or 12 months after that time, Yes. or 2032, and I think that also is an important addition, for the residents who really need some certainty around, when, when the approval lapses, and that they're not going to be there, if the works are completed ahead of time. Sure. Thanks. I'm, I, I will move this, application to the general meeting. Mayor Wilkie: I'll second that, Madam Chair. Councillor Lorentson: Thank you very much. Due to, not the significance of the matter, due to, just, two, slight amendments, that'll be proposed at the general meeting. Mayor Wilkie: Further consideration? Councillor Lorentson: For further consideration.
00:21:00 Thank you. Before closing, I do want to, just, thank, the Dean, and Patrick. I note to, a new addition to, the reporting. Equitable, and, equitable access, and facilities. That now joins, human rights compatibility statement. And thank you, so much. I really think it's an important, addition. I, I made the request, at the last seven meetings. And I think it's, very important that we, include that. It's a position statement, and a commitment, from this council, that these things matter. Everyone's rights, and, access, and, inclusion. That's what we're striving for. Thank you. No further, comments? Mayor Wilkie: Oh no, thank you Madam Chair. I think we're all on the same boat, on this one. Fantastic. No, we're in the same direction, even. Councillor Lorentson: Okay, let's roll this, gently, down the street. All in favour, please.
00:22:00 Thank you. Thank you. So, we're going to, now, move to, the next item. And I'm just opening, my computer. So, we'll move now, to, oh, report, or noting, by the committee. 8.1, planning applications, decided by, delegated, authority. Welcome to the desk, Patrick. And, if you can give us, an overview, of, those applications. Thank you. Speaker 3: As you're aware, each month, we table reports, to council, detailing those, applications, that have been decided, under delegated, authority. The purpose is, just for transparency, to show, councillors in our community, the range of applications, that are decided, noting a significant number, of decided each month, and that, you know, generally, applications are approved. As you'll see,
8.1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY - FEBRUARY 2025 ¶
00:23:00 for the month of February, there were, 36 decisions, that were made, under delegated authority, and that, they were all approvals. One application, being determined by council, that was also approved. Councillor Lorentson: I note, under the delegated report, that there are, quite a few new dwellings. Secondary, dwellings approval, for secondary dwellings, reconfiguring lots, and units. Would it be, just again, a thought, for considering, whether we can include, in the delegated report, and I think, I've mentioned, this before, how many new dwellings, have been approved, and how many more, are needed to meet, with our SAQ, regional plan targets, and align it, with our housing targets, because I think, this report, we've clocked up, quite a few, new dwellings, and I just, I think, we've got an opportunity,
00:24:00 through the delegated report, to actually show, how, our progress is going, in terms of, housing supply, and meeting, our targets. Speaker 3: And, Councillor Lorentson: just for consideration, for you. Speaker 3: We could, we could look at, compiling the amount, of new lots, and new dwellings, certainly. Aligning it, to the target, might be, we'll just have to have, a bit of think about that, because when the target was set, how many have already been, established, where do we sit, in relation to that, at the moment. So, we could have a look at it, certainly. Councillor Lorentson: That would be great. Councillor Stockwell. Deputy Mayor Stockwell: Would that, then also require, I suppose, a bit of post-dating, of, when the, private certifiers advise, of their approvals. So, Speaker 3: other approvals, for secondary dwellings, and dwellings, which won't actually come through, planning, which will come through, planning. Deputy Mayor Stockwell: How will it be, will it provide,
00:25:00 its useful information, if it isn't a little bit, or would we be better off, having an option, for a quarterly, dwelling target report. Speaker 4: So, there we, there we. My advice is, we could produce that, with our strategic planning team, as a bit of an update, and how we're tracking, against our SEQ, regional plan targets. I suggest, maybe biannual, or even annual, just because of, a bit of time, and effort taken, to pull together, a report, and it could be, updated to, Council, on a regular basis. Fantastic. And that's probably, more impactful, and accurate. Yeah. Correct. As opposed to, delegated decisions, which are, a bit separate from, from, dwelling houses, as such, which many are, decided without the need, for a planning approval. Councillor Lorentson: Thank you. Thank you very much. Any further questions? Any questions,
00:26:00 Councilor Finzel? Councillor Finzel: No, thank you, Madam Chair. Councillor Lorentson: Who would like to move? I'm happy to move it. Thank you, Councillor Stockwell. Second. Second, Mayor Wilkie. Deputy Mayor Stockwell: I will talk to, just, I did, my interest was raised, on the application, at 312 Tewa Beach Road, and 2 Echelon Esplanade, where it talked about, relocation, and natural coastal sediments, including, beach nourishment, beach draping, and through, re-profiling. So, my inquiries have revealed, that that's all on, the private land. It's not, giving someone permission to go, and change the beach, outside of their own property. So, it's just, for me, that was just, important to, some people may, diligently look at this, and think, what's going on there. It's just, a private land owner, who happened to own, a very important asset, on the beach, and is seeking to re-profile, no doubt, after, the recent events. That's correct. Councillor Lorentson: Thank you. Any further discussion? All in favour,
00:27:00 please. Carry unanimously. And, we do have, a confidential matter, so, Item 9, non-confidential session. So, I will, move, that the meeting, be closed, to the public, pursuant to, Section, 254J, 3E, of the Local Government, Regulation, 2012, for the purpose, of discussing, Item 9.1, Planning and Environment, Court Appeal, 1988, of, 2024, application, for material change, of use, of a child care centre, at Noosa Civic, 27, Eadie Creek Road, Noosaville. Can I have a seconder, please? Thank you, Councillor Stockwell. All in favour? And, we'll move into, confidential session. Thank you.
9.1 CONFIDENTIAL – NOT FOR PUBLIC RELEASE - PLANNING & ENVIRONMENT COURT APPEAL NO. 1998 OF 2024 – APPLICATION FOR MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE AT NOOSA CIVIC, 28 EENIE CREEK ROAD, NOOSAVILLE ¶
00:40:00 Speaker 1: Thank you. Councillor Lorentson: Thank you, Mayor Wilkie. Any discussion? All in favour? Carried unanimously. And before we close the session, I forgot to acknowledge and welcome our acting CEO, Director of Planning and Local Laws, Richard MacGillivray. Welcome and thank you for providing a nice safe space for us. Thank you. Watch this space. Okay, at this point it's now 10.16 and I declare the Planning and Environment Committee meeting closed. Thank you, everyone, for a great, respectful debate. Thank you.