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2022-09-06 Planning & Environment Meeting Minutes
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MINUTES
Planning & Environment
Committee Meeting
Tuesday, 6 September 2022
9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 6 SEPTEMBER 2022
1. ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Tom Wegener (Chair)
Cr Brian Stockwell
Cr Karen Finzel
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor)
Cr Frank Wilkie (non-Committee Councillor)
Cr Joe Jurisevic (non-Committee Councillor)
EXECUTIVE
L Sengstock, Director Infrastructure Services
L Jensen, Acting Director Environment and Sustainable Development
APOLOGIES
S Waters, Chief Executive Officer
The meeting commenced at 9.30am.
2. CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Finzel
Seconded: Cr Stewart
The Minutes of the Planning & Environment Committee Meeting held on 9 August 2022 be
received and confirmed.
Carried unanimously.
3. PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 2 of 5
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 6 SEPTEMBER 2022
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU22/0062 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR OFFICE
AT 2 EMERALD STREET COOROY
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Finzel
That Planning & Environment Committee Agenda Item 1 be referred to the General
Committee for a further report.
Carried unanimously.
2 MCU21/0146 – REPRESENTATIONS TO A DEVELOPMENT PERMIT FOR A
MATERIAL CHANGE OF USE – MULTIPLE DWELLINGS (90 DWELLINGS) AT 28
EENIE CREEK ROAD, NOOSAVILLE
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Coordinator Planning to the Planning &
Environment Committee Meeting dated 6 September 2022 regarding representations
made in relation to MCU21/0146 for a Development Permit for Material Change of Use
- Multiple dwelling (90 small dwelling units) situated at Noosa Civic 28 Eenie Creek
Road Noosaville and:
A. Agree to amend condition 14 to read as follows:
14. Security in the Form of a cash bond or trading bank guarantee to the sum
of $50,000 must be submitted to Council, to secure performance of all
conditions of this approval, prior to a pre-start meeting. The cash bond or
trading bank guarantee will be returned on performance of the conditions
of approval, related to the final inspection, 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.
B. Agree to delete conditions 5 and 53.
C. Issue an updated Infrastructure Charges Notice
D. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Carried unanimously.
3 RAL21/0035 – APPLICATION TO RECONFIGURE A LOT (1 LOT INTO 2 LOTS) AT
21 JIRIMMA CRESCENT, COOROIBAH
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Finzel
That Planning & Environment Committee Agenda Item 3 be referred to the General
Committee for further consideration.
Carried unanimously.
Page 3 of 5
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 6 SEPTEMBER 2022
4 TRANSPORT AND MAIN ROADS ENVIRONMENTAL OFFSETS
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the report by the Acting Principal Environment Officer to the Planning
& Environment Committee Meeting dated 6 September 2022 and request the Chief
Executive Officer:
A. Continue negotiations with Transport and Main Roads Department about
opportunities for use of suitable land as environmental offset receiving sites and
update Council on the outcomes; and
B. Bring forward a report on Council’s Environment Offset Policy and associated
guideline, after initial consultation has concluded.
Carried unanimously.
6. REPORTS FOR NOTING BY THE COMMITTEE
5 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JULY 2022
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in
relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 18 in this
report. I have a friendship with Leigh and Rob McCready, who are associated with the applicant.
As a result, of my conflict of interest I will now leave the meeting room while the matter is
considered and voted on.
Cr Stewart left the meeting.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in
relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 18 in this
report. Leigh McCready who is associated with the applicant, was involved in a volunteer
capacity for my 2020 election campaign with Future Noosa, which is no longer an entity. As a
result of my conflict of interest I will now leave the meeting room while the matter is considered
and voted on.
Cr Finzel left the meeting.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter in
relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 18 in this
report. On 24 February 2020 I sought a review by the Independent Council Election Observer
(ICEO) as to the public claims of the Future Noosa Team, of which Leigh McCready was publicly
identified as a Campaign Manager. Leigh McCready is associated with the applicant. Although
I have a declarable conflict of interest, I do not believe a reasonable person could have a
perception of bias because Council's consideration of this application is not to approve or reject
it, it is only for noting of a decision that has already been made by staff. Therefore, I will choose
to remain in the meeting room. However, I will respect the decision of the meeting on whether I
can remain and participate in the decision.
Page 4 of 5
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 6 SEPTEMBER 2022
Committee Resolution
Moved: Cr Wegener
Seconded: N/A
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in
the public interest that Cr Stockwell participates and votes on this matter because Council
believes that a reasonable person could not have a perception of bias because the ICEO review
was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were
in the public interest and neither he nor Ms McCready stood to personally gain or lose from that
advice and therefore a reasonable person would trust that the final decision is made in the
public interest.
Carried unanimously.
Cr Stockwell did not vote on the above motion.
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stockwell
That Council note the report by the Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 6 September 2022 regarding
planning applications that have been decided by delegated authority.
Carried unanimously.
Crs Stewart and Finzel returned to the meeting.
6 POLYSTYRENE ROUNDTABLE
Cr Stockwell left the meeting.
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Environment Officer Coastal Management to the
Planning & Environment Committee meeting dated 6 September 2022 providing an
update on the Polystyrene Roundtable.
Carried unanimously.
7. CLOSED SESSION
Nil.
The meeting closed at 11.09am.
Page 5 of 5