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2022-05-10 Planning & Environment Committee Meeting Minutes

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                          MINUTES


   Planning & Environment
     Committee Meeting


                  Tuesday, 10 May 2022


                                    9.30am
           Council Chambers, 9 Pelican Street, Tewantin



Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener




                       “Noosa Shire – different by nature”
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Section 2

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                            10 MAY 2022


1.   ATTENDANCE & APOLOGIES

     COUNCILLORS
     Cr Brian Stockwell (Chair)
     Cr Karen Finzel
     Cr Tom Wegener
     Cr Clare Stewart

     Cr Amelia Lorentson (non-Committee Councillor)
     Cr Frank Wilkie (non-Committee Councillor)


     EXECUTIVE
     S Waters, Acting Chief Executive Officer
     L Jensen, Acting Director Environment and Sustainable Development


     APOLOGIES

     Nil.

     The meeting commenced at 9.30am.




2.   CONFIRMATION OF MINUTES

     Committee Resolution
     Moved:          Cr Stewart
     Seconded:       Cr Finzel
     The Minutes of the Planning & Environment Committee Meeting held on 12 April 2022 be
     received and confirmed.
                                                                   Carried unanimously.




3.   PRESENTATIONS

     Nil.




4.   DEPUTATIONS

     Nil.




                                                                              Page 2 of 6

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                      10 MAY 2022


5.    REPORTS FOR CONSIDERATION OF THE COMMITTEE


1     PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB
      Committee Recommendation
      Moved:            Cr Stewart
      Seconded:         Cr Finzel
      That Council note the report by the Digital Hub Director to the Planning & Environment
      Committee Meeting dated 10 May 2022 regarding the commercial lease of office space at
      the Peregian Digital Hub and
      A.    Agree to enter a commercial lease of the unit 3b premises of 45m2 to TP Collab Trading
            Pty Ltd. for a one year term with a three year extension option, as generally outlined in
            the report;
      B.    Authorise the CEO or delegate to execute any subsequent lease extension, subject to
            the lessee complying with the terms of the lease.
                                                                       Carried unanimously.




2     ECONOMIC DEVELOPMENT GRANT PROGRAM APPLICATION BY NOOSA CHAMBER
      OF COMMERCE & INDUSTRY INC.
      Committee Recommendation
      Moved:            Cr Stockwell
      Seconded:         Cr Stewart
      That Planning & Environment Committee Agenda Item 2 be referred to the General
      Committee due to the significance of the issue.
                                                               Carried unanimously.


Cr Wilkie left the meeting.


3     132002.220285.E – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT
      APPROVAL FOR SHIRE BUSINESS CENTRE AT 28 EENIE CREEK ROAD,
      NOOSAVILLE
      Committee Recommendation
      Moved:            Cr Wegener
      Seconded:         Cr Stockwell
      That Council note the report by the Coordinator Planning to the Planning & Environment
      Committee Meeting dated 10 May 2022 regarding 132002.220285.E to make a minor change
      to an existing approval for Shire Business Centre situated at Noosa Civic 28 Eenie Creek
      Road, Noosaville and:
      A.    Approve the change.
      B.    Amend condition 5 to read as follows:
            Scale and Types of Uses
            5     The uses allowed on the subject site and the scale of those uses are as follows:



                                                                                        Page 3 of 6

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                              10 MAY 2022


            5.1   The shop floor space for the Retail Centre shall not exceed 18,000m², TUA.
                  The uses nominated on the approved plans shall generally accord with the
                  following TUA’s:
                      Supermarket (Shop) 3,500 m²
                      Mini-Major (Shop) 1,200 m²
                      Discount Department Store (Shop) 6,500 m²
                      Speciality Retail (Shop) & Professional Offices 6,800 m²
                      Restaurants 200 m²
                      Centre Manager 115 m²
                      Staff Areas 50 m²
                      Public Toilets 150 m²
                      Service Station 100 m²
            5.2   The uses allowed in the Retail Centre are:
                      Shops
                      Professional Offices
                      Commercial Premises
                      Commercial Services
                      Restaurants
                      Service Station
                      Service Shops
                      Fast Food Premises
                      Medical Centre
                      Outdoor Entertainment, and
                      Special Purposes
            5.3   The Showroom/Homemaker floor space for the showroom component shall
                  not exceed 7,000m² TUA. The uses allowed in the Showroom component
                  are:
                      Showroom
                      Commercial Premises
                      Commercial Services
                      Medical Centre
                      Professional Offices
                      Warehouse
                      Educational Establishment, and
                      Special Purposes
            5.4. The commercial and business floor space for the Commercial and
                 Business component shall not exceed 5,000m2 TUA. The uses allowed
                 within the Commercial and Business component are:
                      Commercial Premises
                      Commercial Services
                      Medical Centre
                      Professional Offices
                      Warehouse


                                                                                  Page 4 of 6

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                                 10 MAY 2022


                              Educational Establishment, and
                              Special Purposes
                         5.4(a) 82m2 of tenancy BB-03 (as detailed on the Site Plan, Overall Site
                                Plan and Retail Site Plan) may be used as Fast Food Premises
     C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.



6.   REPORTS FOR NOTING BY THE COMMITTEE


4    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MARCH 2022
Cr Lorentson left the meeting.
     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 Group listed as Item 28 in this report and Altum Properties No.9
     P/L TTE, which is listed as item 32 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 Group listed as Item 28 in this report and Altum Properties No.9
     P/L TTE, which is listed as item 32 in this report. I have known Leigh McCready, who is associated
     with the applicant, in a volunteer capacity and who was involved with 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 Group listed as Item 28 in this report and Altum Properties No.9
     P/L TTE, which is listed as item 32 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.
     As the only remaining Councillor, Cr Wegener was appointed as Chair by the CEO.
     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 advisory service,
     not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither



                                                                                                   Page 5 of 6

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                     10 MAY 2022


     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.
     Cr Stockwell resumed the Chair.
     Committee Recommendation
     Moved:             Cr Stockwell
     Seconded:          Cr Wegener
     That Council note the report by the Development Assessment Manager to the Planning &
     Environment Committee Meeting dated 10 May 2022, regarding planning applications that
     have been decided by delegated authority.
                                                                   Carried unanimously.

     Crs Stewart and Finzel returned to the meeting.

Cr Lorentson returned to the meeting.


5    NOOSA THREATENED FAUNA SPECIES RECOVERY ROAD MAP
Cr Wilkie returned to the meeting.
     Committee Recommendation
     Moved:             Cr Wegener
     Seconded:          Cr Finzel
     That Planning & Environment Committee Agenda Item 5 be referred to the General
     Committee due to the significance of the issue.
                                                              Carried unanimously.



6    VEGETATION ASSESSMENT PROJECT UPDATE
     Committee Recommendation
     Moved:             Cr Wegener
     Seconded:          Cr Finzel
     That Council note the report by the Environment Officer, Vegetation Assessment to the
     Planning & Environment Committee Meeting dated 10 May 2022 providing an update on
     the vegetation assessment project.
                                                                       Carried unanimously.




7.   CLOSED SESSION

     Nil.



The meeting closed at 10.28am.



                                                                                       Page 6 of 6

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