agenda - shire of noosa

AGENDA

Ordinary Meeting

Thursday, 20 February 2020

commencing at 6pm

Council Chambers, 9 Pelican Street, Tewantin

Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Brian Stockwell, Frank Wilkie

“Noosa Shire – different by nature”

ORDINARY MEETING AGENDA 20 FEBRUARY 2020

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TABLE OF CONTENTS

ITEM PAGE

1 3

2 3

3 3

4 3

5 3

6 3

7 3

8 4

4

8

11

9 18

10 18

11 18

12 18

13

ATTENDANCE & APOLOGIES

CONFIRMATION OF MINUTES

MAYORAL MINUTES

PETITIONS

NOTIFIED MOTIONS

PRESENTATIONS

DEPUTATIONS

CONSIDERATION OF COMMITTEE RECOMMENDATIONS

PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS

SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS

GENERAL COMMITTEE RECOMMENDATIONS

ORDINARY MEETING REPORTS

CONFIDENTIAL SESSION

PUBLIC QUESTION TIME

NEXT MEETING

MEETING CLOSURE 18


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1 ATTENDANCE & APOLOGIES

2 CONFIRMATION OF MINUTES

The Minutes of the Ordinary Meeting held on 16 January 2020 be received and confirmed.

3 MAYORAL MINUTES

4 PETITIONS

5 NOTIFIED MOTIONS

Nil.

6 PRESENTATIONS

Nil.

7 DEPUTATIONS

Nil.


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8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS

PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS

11 FEBRUARY 2020 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and Tony Wellington

Other Councillors in attendance: Cr Frank Wilkie (items 1 – 6) 1 MCU18/0166 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE SERVICE

AND UTILITY - TYPE 3 TOWER, SITUATED AT 244 TABLELANDS ROAD, COORAN

Committee Recommendation

Moved: Cr Jackson

Seconded: Cr Wellington

That Planning & Environment Committee Agenda Item 1 be referred to the General Committee due to the significance of the issue.

Carried unanimously.

2 MCU19/0124 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE - INDUSTRIAL

BUSINESS TYPE 1 WAREHOUSE (SELF STORAGE UNITS) AT 15 JARRAH STREET, COOROY


Moved: Cr Wellington

Seconded: Cr Glasgow

That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 February 2020 regarding Application No. MCU19/0124 for a Development Permit for Material Change of Use - Industrial Business - Type 1 Warehouse (Self Storage Units) situated at 15 Jarrah St, Cooroy and:

A. Approve the application in accordance with the following conditions contained in the Planning & Environment Committee Agenda dated 11 February 2020.:

B. Find the following matters relevant to the assessment and sufficient reason to approve the application:

1. The proposed development’s height is consistent with the character of the Cooroy Industry Zone and maintains the maximum height for the area of 10 metres.

C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


3 OVERVIEW OF PLANNING APPEALS


Moved: Cr Glasgow

Seconded: Cr Jackson




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4 ADOPTION OF CONSOLIDATED VERSIONS OF NOOSA SHIRE COUNCIL LOCAL LAW NO. 1 (ADMINISTRATION) 2015, SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 AND SUBORDINATE LOCAL LAW NO. 4 (LOCAL GOVERNMENT CONTROLLED AREAS, FACILITIES AND ROADS) 2015


Moved: Cr Jackson




5 NOOSA BIOSECURITY PLAN 2020 - PUBLIC CONSULTATION OUTCOMES


Moved: Cr Stockwell


That Council note the report by the Principal Environment Officer to the Planning & Environment Committee Meeting dated 11 February 2020 and;

A. Note the submissions received as summarised in Attachment 1 and thank the submitters for their input into the Noosa Biosecurity Plan 2020;

B. Adopt the Noosa Biosecurity Plan 2020 as shown in Attachment 2; and

C. Note that subject to Council adoption of the Biosecurity Plan a 2020/21 budget submission will be made to undertake a data mining and mapping project to help build knowledge of the extent of invasive species across the shire and assess the effectiveness of management controls in accordance with the Biosecurity Plan.


6 FLYING-FOX SUBSIDISED SERVICES INITIATIVES




That Council note the report by the Environmental Services Manager to the Planning & Environment Committee Meeting dated 11 February 2020 and:

A. Approve the implementation of an ongoing subsidy program for localities affected by flying-fox colonies, and

B. Delegate to the CEO the authority to apply the subsidy program where the program meets all of the following criteria;

Support may be offered for those living within 100m of a roost site.

The roost should be at least partly on Council-managed land.

Flying-foxes will have been at a location in significant numbers for at least 6 weeks.

A significant number of the flying-foxes must be Black or Grey-headed Flying-foxes, rather than Little Red Flying-foxes.



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7 MULTI-YEAR ENVIRONMENT COLLABORATIVE GRANTS

Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the Local Government Act 2009) due to his association with the following applicants:

1. Noosa & District Landcare – As a Sole Trader in his business Watershed Australia, Cr Stockwell has been both contracted by, and has subcontracted officers of, Noosa and District Landcare prior to becoming a Councillor. He is also an ordinary member of the group with long standing association as one of the founding members;

2. Noosa Environmental Education Hub for the Noosa Young Environmental Custodian's Biodiversity Restoration Project – Cr Stockwell has previously been requested by the Noosa Environmental Education Hub, in his role as Councillor, to speak to Schools on environmental topics. In addition, in his capacity as scout leader of the Noosa Sea Scouts, he was approached by the Noosa Environmental Education Hub for a potential lease of the scout site however that lease did not eventuate;

3. Noosa Integrated Catchment Association – Cr Stockwell is the Council appointed representative to NICA and is an ordinary member of that Association;

Cr Stockwell declared a real conflict of interest in this matter (as defined in section 175D of the Local Government Act 2009) due to his association with the following applicants:

1. Mary River Catchment Coordinating Committee - As a Sole Trader in his business Watershed Australia, he has both been contracted by, and has subcontracted officers of, MRCCC during this term of Council. In addition, Cr Stockwell advised that he is Council’s nominated representative for the MRCCC;

2. Eastern Beaches Bushcare Collaborative – Cr Stockwell has worked with the Eastern Beaches Bushcare Groups providing them with advice in relation to their grant application;

Cr Stockwell left the meeting room for the debate and decision on this matter.




That Cr Glasgow be appointed as Acting Chairperson of the meeting for this item whilst Cr Stockwell is absent from the room.





That Council note the report by the Environmental Services Manager to the Planning & Environment Committee Meeting dated 11 February 2020 and:

A. Award the 3 year Multi-year environment grants to the initiatives recommended for funding as identified in table 1 of the report; and

B. Authorise the CEO to enter into three-year Funding Deeds with successful organisations, as per the recommended funding amount.


Cr Stockwell returned to the meeting and resumed the Chair.


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8 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 2ND QUARTER 2019-20


Moved: Cr Glasgow


That Council note the report by the Director Environment and Sustainable Development to the Planning and Environment Committee Meeting dated 11 February 2020 providing an update on operations of the Environment and Sustainable Development Department for the period 1 October to 31 December 2019.


9 CONFIDENTIAL: NOT FOR PUBLIC RELEASE - ENVIRONMENT LEVY PROPOSED

LAND PURCHASE



Seconded: Cr Stockwell

That Council note the report by the Principal Environment Officer to the Planning and Environment Committee Meeting dated 11 February 2019 and:

A. Authorise the CEO to commence negotiations with the owner of the two lots detailed in the report to purchase the land with the Environment Levy; and

B. Submit offers no greater than the valuation price shown in Attachment 1 to the report; and

C. Remove the confidentiality in relation to this report upon the signing of a contract to purchase.


Recommendation The Planning & Environment Committee recommendations dated 11 February 2020 be adopted except where dealt with or held over by separate resolution.


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SERVICES & ORGANISATION COMMITTEE MEETING RECOMMENDATIONS

11 FEBRUARY 2020 – Crs Joe Jurisevic (Chair), Tony Wellington & Frank Wilkie

Other Councillors in attendance: Cr Brian Stockwell

1 NOOSA COMMUNITY HEALTH AND WELLBEING PLAN 2019-2024


Moved: Cr Wilkie


That Services & Organisation Committee Agenda Item 1 be referred to the General Committee for further consideration.


2 PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB



Seconded: Cr Wilkie

That Council note the report by the Economic Development Manager to the Services & Organisation Committee Meeting dated 11 February 2020 regarding the commercial lease of 45sqm approximately of space at the Peregian Digital Hub and:

A. Agree to enter a commercial lease of the premises to Fireball International Pty Ltd. for a three year term, as generally outlined in the report;

B. Agree to an initial rent-free period of 3 months; and

C. Authorise the CEO to award up to three subsequent lease extensions each of 1 year, subject to the lessee complying with the terms of the lease.


3 HUMAN RIGHTS POLICY AND NEW DELEGATIONS


Moved: Cr Jurisevic

Seconded: Cr Wilkie

That Council note the report by the Governance Advisor to the Services & Organisation Committee Meeting dated 11 February 2020 and:

A. Adopt the Human Rights Policy as outlined in Attachment 1; and

B. Pursuant to section 257 of the Local Government Act 2009 (QLD), agree to delegate the powers for the Human Rights Act 2019 (QLD) to the Chief Executive Officer as outlined in Attachment 2.



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4 CAPITAL PROGRAM DELIVERY STATUS - JANUARY 2020



Seconded: Cr Wilkie

That Council note the report by the Asset Planning Manager to the Services & Organisation Committee Meeting dated 11 February 2019 providing an update on the status of projects being delivered throughout the 2019/20 Capital Works Program and note the current 2019/20 year to date capital expenditure of $12.4m, is equivalent to 40% of the $30.8m capital works budget.


5 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2019-2020


Moved: Cr Jurisevic


That Council note the report by the Director Infrastructure Services to the Services & Organisation Committee Meeting dated 11 February 2020 providing an update on operations of the Infrastructure Services Department for the period 1 October to 31 December 2019.


6 NOOSA HOLIDAY PARKS UPDATE REPORT TO 31 DECEMBER 2019



Seconded: Cr Jurisevic

That Council note the report by the Property Advisor – Commercial Property to the Services & Organisation Committee Meeting dated 11 February 2020 providing an update on operations of the Noosa Holiday Parks for the period 1 July 2019 to 31 December 2019.


7 CORPORATE SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2019-2020


Moved: Cr Jurisevic

Seconded: Cr Wilkie

That Council note the report by the Director Corporate Services to the Services & Organisation Committee Meeting dated 11 February 2020 providing an update on operations of the Corporate Services Department for the period 1 October to 31 December 2019.



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8 PEREGIAN DIGITAL HUB - HALF YEARLY REPORT TO 31 DECEMBER 2019




That Council note the report by the Economic Development Manager to the Services and Organisation Committee Meeting dated 11 February 2020, providing an update on the activities of the Peregian Digital Hub for the period 1 July 2019 to 31 December 2019.


9 COMMUNITY SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2019-2020


Moved: Cr Jurisevic

Seconded: Cr Wilkie

That Council note the report by the Director Community Services to the Services & Organisation Committee meeting dated 11 February 2020 providing an update on the operations of the Community Services Department for the period 1 October to 31 December 2019.


10 EXECUTIVE SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2019-20


Moved: Cr Wilkie


That Council note the report by the Director Executive Services to the Services & Organisation Committee Meeting dated 11 February 2020 providing an update on operations of the Executive Services Department for the period 1 October 2019 to 31 December 2019.


11 OPERATIONAL PLAN PROGRESS REPORT - 2ND QUARTER 2019-20


Moved: Cr Jurisevic


That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 11 February 2020 providing an update on progress with the implementation of the Operational Plan to 30 September 2019 and details of Council’s Key Performance Indicators.

Carried unanimously. Recommendation The Services & Organisation Committee recommendations dated 11 February 2020 be adopted except where dealt with or held over by separate resolution.


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GENERAL COMMITTEE MEETING RECOMMENDATIONS

17 FEBRUARY 2020 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Brian Stockwell and Tony Wellington

1 MCU18/0166 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE SERVICE AND UTILITY - TYPE 3 TOWER, SITUATED AT 244 TABLELANDS ROAD, COORAN


Moved: Cr Jurisevic


That Council note the report by the Development Planners to the Planning & Environment Committee Meeting dated 11 February 2020 regarding Application No MCU18/0166 for a Development Permit for Material Change of Use Service and Utility - Type 3 Tower, situated at 244 Tablelands Rd, Cooran and:

A. Refuse the application for the following reasons:

1. The proposed infrastructure is located in an area identified by the SEQ Regional Plan as being of regionally significant scenic amenity and the proposal compromises this scenic amenity and regional landscape of the area.

2. The proposed development is inconsistent with Desired Environmental Outcome 3.1.3 m) viii of the Noosa Plan as the proposed development is visually prominent in the view from premises along Tablelands Road.

3. The development application proposes a use that is inconsistent in the Rural Zone of the Mary River Catchment Locality;

4. The proposal is contrary to Specific Outcome O2 and Overall Outcome 8.7.2 a)iii, k)iii, v) and mm)ii of the Mary River Catchment Locality Code as,

4.1 The visual amenity enjoyed by users of nearby premises is adversely impacted; and

4.2 The scale and form of the structure is not integrated into the landform and landscape; and

4.3 The siting of the proposed structure does not protect significant views to Mt Cooroora, Mt Cooran and Mt Pinbarren; and

4.4 The scenic values and rural amenity of the locality are adversely impacted;

5. The proposal is contrary to Overall Outcome 14.37.2 b) and 14.37.2 c) and Specific Outcome O10 of the Infrastructure Uses Code as the proposed infrastructure,

5.1. Detracts from the visual amenity of the rural and residential amenity enjoyed by residents and visitors to the area and does not satisfactorily visually integrate with the landscape; and

5.2. Fails to co-locate with the existing telecommunications nearby.

6. The proposed tower, if approved, would be afforded immunity under the Telecommunications Act 1997 enabling further extension up to 5 metres without further reference to Council which would exacerbate the visual amenity impacts;

7. The visual impact on a number of premises in the area, which have direct line of sight in their viewshed, is considered significant and unacceptable for those residents.

8. The applicant’s visual impact assessment is deficient to satisfactorily determine the degree and extent of visual impacts from the proposed development and impacts are likely to be greater than has been currently identified in the reports.

B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



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2 OVERVIEW OF PLANNING APPEALS


Moved: Cr Stockwell


That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 11 February 2020 regarding an update on Planning Appeals and:

A. Request that the Chief Executive Officer write to the Department of State Development, Infrastructure & Planning requesting:

1. A comprehensive review of the current cost provisions of the Planning & Environment Court Act 2016 with a view to including the ability for the Planning & Environment Court to award costs where a development proposal is found to significantly conflict with the Planning Scheme; and

2. A review of the appointment and selection process of referees to support more consistent and rigorous Tribunal decisions.

B. Submit a motion to the Local Government of Queensland 2020 conference requesting LGAQ lobby the Department of State Development, Infrastructure & Planning for a comprehensive review of the current cost provisions of the Planning & Environment Court Act 2016 with a view to including the ability for the Planning & Environment Court to award costs where a development proposal is found to significantly conflict with the Planning Scheme.


3 ADOPTION OF CONSOLIDATED VERSIONS OF NOOSA SHIRE COUNCIL LOCAL LAW

NO. 1 (ADMINISTRATION) 2015, SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 AND SUBORDINATE LOCAL LAW NO. 4 (LOCAL GOVERNMENT CONTROLLED AREAS, FACILITIES AND ROADS) 2015




That Council note the report by the Principal Strategic Planner to the Planning and Environment Committee Meeting dated 11 February 2020 and resolve to:

A. Adopt, pursuant to section 32 of the Local Government Act 2009-

1. in the form contained in Attachment 1 to this report, a consolidated version of Noosa Shire Council Local Law No. 1 (Administration) 2015; and

2. in the form contained in Attachments 2 and 3 to this report, a consolidated version of each of Subordinate Local Law No.1 (Administration) 2015 and Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015.

B. Adopt the following Fees and Charges 2019-2020 for applications for approval made for advertising devices under Subordinate Local Law No.1 (Administration) 2015:

1. pylon sign, pole sign, freestanding sign - $150 per sign

2. illuminated sign - $100 per illuminated sign

For: Crs. Wellington, Stockwell and Wilkie.

Against: Crs. Jackson and Jurisevic.

Carried.


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4 NOOSA COMMUNITY HEALTH AND WELLBEING PLAN 2019-2024


Moved: Cr Stockwell


That Council note the report by the Coordinator Environmental Health to the Services and Organisation Committee Meeting dated 11 February 2020, and

A. Adopt the Noosa Community Health and Wellbeing Plan 2019-2024, as provided at Attachment 1 to the report with the following amendments:

Page 12, add a new Section 7.5 to read:

7.5 Climate Change and its Impact on Human Health and Wellbeing

The World Health Organisation (WHO) maintains that climate change is the greatest threat to global health in the 21st century (WHO, 2015). Australia’s climate has already begun to change and current trends indicate that this will accelerate over the course of this century. A changing climate is expected to affect human health and wellbeing (including physical and mental health) through direct and indirect pathways. Climate change can be framed as a risk amplifier; that is many of the risks associated with climate change are not new, however they are likely to increase in severity over time. There is no evidence available to indicate that the risks from climate change to health and wellbeing are not presently significant at a local scale, however they will increasingly become so as global warming accelerates.

The Australian Medical Association has expressed strong concerns regarding the threat to public health and wellbeing from climate change (AMA, 2019). In particular, the elderly, as well as other vulnerable groups in the community, are more exposed to direct physical impacts of climate change and may require greater assistance from their family and social networks, and emergency services in preparing for and responding to extreme weather events.

The collaboration of many stakeholders will help Noosa’s Health and Wellbeing sector to be resilient to future climate change impacts. Noosa Council is developing a Climate Change Adaptation Plan (CCAP), which will contain actions and key indicators for adapting Noosa community’s health and wellbeing to climate change risks. The CCAP is expected to be completed in mid-2020. It is proposed the Noosa Community Health and Wellbeing Action plan will seek to inform the CCAP where applicable, and incorporate the relevant actions from the CCAP at the next annual review of the Action Plan, including development of new initiatives based on updates to climate change projections if required.

Page 13, Update Immunisation rates as follows:

Noosa Qld Australia

Health Status Immunisation rates (%) (Noosa 2017) (target to prevent outbreaks of vaccine-preventable disease is 95%)

1-year-old

2-year-old

5-year-old

9088*

8786*

8991*

94*

92*

95*

94*

91*

95*

*Data Source for Immunisation rates for Queensland and Australia : https://www.health.gov.au/health-topics/immunisation/childhood-immunisation-coverage/immunisation-coverage-rates-for-all-children#state-and-territory-coverage-rates

https://www.health.gov.au/health-topics/immunisation/childhood-immunisation-coverage/immunisation-coverage-rates-for-all-children#state-and-territory-coverage-rates

https://www.health.gov.au/health-topics/immunisation/childhood-immunisation-coverage/immunisation-coverage-rates-for-all-children#state-and-territory-coverage-rates


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B. Approve the proposed Noosa Community Health and Wellbeing Plan 2019-2024 Action Plan, subject to consideration of any resourcing requirements being determined as part of the 2020/21 annual budget process.


5 DBW19/0031 - DEVELOPMENT PERMIT FOR BUILDING WORKS ASSESSABLE AGAINST THE PLANNING SCHEME - DETACHED HOUSE (COASTAL PROTECTION), SITUATED AT 102 LORIKEET DRIVE, PEREGIAN BEACH




That Council note the report by the Development Planner to the General Committee Meeting dated 17 February 2020 regarding Application No. DBW19/0031 for a Development Permit for Building Work - Detached House (Coastal Protection) situated at 102 Lorikeet Drive, Peregian Beach and:

A. Approve the application in accordance with the following conditions contained in the General Committee Agenda dated 17 February 2020.:

B. Find the following matters relevant to the assessment and sufficient reason to approve the application:

1. The cantilevered design of the building results in no significant impact to the natural coastal processes of the dunal system.

2. The reduced setback of the building does not encroach into the area of the 2100 coastal erosion mapping prepared in conjunction with Council’s Draft Coastal Hazards Adaptation Plan.

3. The proposal includes soft landscaping within the 5 metre setback area including native planting and turf and a small area of impervious paving up to approximately 5 metres in area.

C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


6 FINANCIAL PERFORMANCE REPORT - JANUARY 2020




That Council note the report by the Manager Financial Services to the General Committee Meeting dated 17 February 2020 outlining January 2020 year to date financial performance against budget, including key financial sustainability indicators.



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7 FURTHER REPORT - RAL18/0023 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT INTO 23 LOTS) AT 28 EENIE CREEK ROAD, NOOSAVILLE

Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 175D of the Local Government Act 2009) as in 2009, prior to his election to the Sunshine Coast Council, he was a co-respondent with Sunshine Coast Council in an appeal against a refusal to expand the Noosa Civic shopping centre. Cr Wellington advised that the appeal was for a significantly different development application than the application currently before Council. Cr Wellington believed that he could consider this item impartially and in the public interest and requested to remain in the meeting room to participate in the debate and vote on this matter.

Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 175D of the Local Government Act 2009) as in 2015, prior to her election to Council and during her time as Honorary Secretary of the Noosa Parks Association, Cr Jackson was signatory to a submission regarding an application on the site. Cr Jackson believed that she could consider this item impartially and in the public interest and requested to remain in the meeting room to participate in the debate and vote on this matter.

Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the Local Government Act 2009) as prior to his election to Council and during his time as President of the Noosa Shire Residents & Ratepayers Association, Cr Stockwell was signatory to a submission regarding an application on the site and made public statements regarding the application. Cr Stockwell believed that he could consider this item impartially and in the public interest and requested to remain in the meeting room to participate in the debate and vote on this matter.

Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave consideration to whether the conflicts were real conflicts or perceived conflicts and whether Crs. Wellington, Jackson and Stockwell may participate in the meeting for the debate and vote on this matter or whether they must leave the meeting for the debate and vote on this matter.


Moved: Cr Wilkie


That Councillors note the perceived conflict of interest declaration of Cr Wellington and resolve that this represents a perceived conflict of interest in this matter and Cr Wellington may remain in the meeting room to participate in the debate and vote on this matter.

Carried unanimously. Crs. Wellington, Jackson and Stockwell did not vote on the above motion.


Moved: Cr Wilkie


That Councillors note the perceived conflict of interest declaration of Cr Jackson and resolve that this represents a perceived conflict of interest in this matter and Cr Jackson may remain in the meeting room to participate in the debate and vote on this matter.

Carried unanimously. Crs. Wellington, Jackson and Stockwell did not vote on the above motion.


Moved: Cr Wilkie


That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting room to participate in the debate and vote on this matter.


Crs. Wellington, Jackson and Stockwell did not vote on the above motion.


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Motion



That Council note the report by the Coordinator Planning to the Special Meeting dated 28 October 2019 and the further report to the General Committee Meeting dated 17 February 2020 regarding Application No. RAL18/0023 for a Development Permit for Reconfiguring a Lot – (1 Lot in 23 Lots) situated at 28 Eenie Creek Road, Noosaville and:

A. Refuse the application for the following reasons:

1. The proposal is contrary to schedule 11, part 2, section 7 of the Planning Regulation 2017 as the development is situated in a koala assessable development area and does not avoid clearing non-juvenile koala habitat trees in circumstances in which any significant residual impact of the clearing is unable to be offset.

2. The proposal is contrary to the State Planning Policy as the proposed development will adversely impact on koala habitat, with koala populations recognised as being matters of both national and state environmental significance.

3. The proposal is contrary to the State Planning Policy as the proposed development does not facilitate an appropriate disaster management response and recovery capacity and capabilities as the emergency access points are unable to be implemented.

4. The proposed development is contrary to the Overall and Specific Outcomes of the Noosaville Locality Code as:

i. The proposal does not provide a satisfactory pedestrian and cycle network for the future development of the area and fails to provide satisfactory linkages with the existing development in the Shire Business Centre as these are unable to be implemented.

ii. The proposal fails to ensure a high level of residential amenity as it does not provide for acoustic fencing to lots 17, 18 and 19 or provide any noise mitigation measures to existing plant equipment and loading dock areas. The proposal also fails to address the future amenity of Lot 21.

iii. The proposal fails to provide for suitable retention of existing vegetation to allow for future development to be within a park like setting.

iv. The proposal will adversely impact on the site’s environmental values.

5. The proposed development is contrary to the Biodiversity Overlay Code as the proposal will adversely impact on koala habitat, does not maximise the retention of existing vegetation, and proposes to prematurely clear significant vegetation inconsistent with the needs of the community.

6. The proposed subdivision is contrary to the Reconfiguring a Lot Code as:

i. Insufficient provision has been made for walking and cycling linkages with the existing development in the Shire Business Centre as the proposed network and linkages are unable to be implemented.

ii. The proposed lot will have a significant adverse impact on the natural environment and will not retain the sites natural environmental values.

7. The proposed development is contrary to the Natural Hazards Overlay Code as bushfire mitigation measures do not satisfactorily address the risk of bushfire as they are not envisaged by the Shire Business Centre Map and are unable to be implemented.


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8. The proposed development is contrary to the draft Noosa Plan provisions, which reinforce the current Noosa Plan’s requirements for pedestrian/cycle links, an appropriate response to the site’s natural hazards and protection of the site’s environmental values including vegetation retention.

B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Procedural Motion

Moved: Cr Jackson


That the motion now before the meeting be deferred to the Ordinary Meeting on Thursday, 20 February 2020.

For: Crs. Jackson, Jurisevic, Glasgow, Stockwell and Wilkie.

Against: Cr Wellington.

Carried.

Recommendation The General Committee recommendations dated 17 February 2020 be adopted except where dealt with or held over by separate resolution.


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9 ORDINARY MEETING REPORTS

Nil.

10 CONFIDENTIAL SESSION

Nil.

11 PUBLIC QUESTION TIME

1 BRIAN O’CONNOR

Q1: Based upon the annual visitation to the Tweed Regional Galley in NSW, the Mayor's plan for an iconic gallery for Noosa is likely to attract 70,000 to 80,000 visitors a year, making its location a crucial factor in contributing to its status as well as traffic congestion and other practical matters, so I ask whether Noosa Council is giving thought to following Tweed Shire’s lead in locating its very successful regional gallery at a stand-alone hinterland site easily accessible from Highway No.1 and can the Council provide an update as to the feasibility study now underway into siting, planning, design, budget, construction timing and other pertinent matters associated with a new Noosa Regional Gallery in support of a vibrant Noosa arts and cultural scene?

Q2 Whereas one of the objectives of the Noosa Cultural Strategy is to “Explore the potential of creating a Hinterland Heritage Brand, particularly focussing on Pomona and Cooroy” - a task which the Deputy Mayor Cr Frank Wilkie describes as “bringing together all the elements of heritage in the two towns in a coordinated way to provide resources for the community, such as websites etc.’’ - can the Council explain what’s happening to meet this outcome?

2 AMELIA LORENTSON

Q1: In regards to the New Noosa Plan which is still waiting for approval from the State Planning Minister, why didn’t Council meet the initial deadline of 40 days?

Q2 In regard to the Cooran-Pomona pathway, why has Council noted that it might recommend a downgrading of the path’s B priority status within the State’s Principal Bicycle Network, when it has not considered this project within the pathway study and therefore, lacks and informed basis to which to pre-judge the Cooran-Pomona path’s status within an overall Shire-wide Cycling and Connectivity Study?

12 NEXT MEETING

The next Ordinary Meeting will be held on 19 March 2020 at the Council Chambers, 9 Pelican Street, Tewantin commencing at 6pm.

13 MEETING CLOSURE

agenda - shire of noosa

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