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2021-07-06 Planning & Environment Committee Meeting Minutes

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                          MINUTES


   Planning & Environment
     Committee Meeting


                   Tuesday, 6 July 2021


                                    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                                    6 JULY 2021


1   ATTENDANCE & APOLOGIES
    Cr Brian Stockwell (Chair)
    Cr Karen Finzel
    Cr Tom Wegener
    Cr Clare Stewart

    Cr Jurisevic (non-Committee Councillor)
    Cr Wilkie (non-Committee Councillor)
    Cr Lorentson (non-Committee Councillor – for items 1-6)


    EXECUTIVE
    B de Chastel, Chief Executive Officer


    The meeting commenced at 9.30am.

    The Chair of the meeting, Cr Stockwell, indicated that, as he was unwell and not physically in
    attendance at the meeting, it would be best if another Councillor chaired this meeting in
    his stead.
    Committee Resolution
    Moved:          Cr Stewart
    Seconded:       Cr Wegener
    That Cr Finzel be appointed as Chairperson of this meeting.
                                                                          Carried unanimously.


2   CONFIRMATION OF MINUTES
    Committee Resolution
    Moved:           Cr Stewart
    Seconded:        Cr Wegener
    The Minutes of the Planning & Environment Committee Meeting held on 8 June 2021 be
    received and confirmed.
                                                                  Carried unanimously.




3   PRESENTATIONS

    Nil.




4   DEPUTATIONS

    Nil.




                                                                                     Page 2 of 5

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                          6 JULY 2021


5   REPORTS FOR CONSIDERATION OF THE COMMITTEE


    1   MCU19/0119.02 OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A
        MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND
        SHORT-TERM ACCOMMODATION AND OPERATIONAL WORKS (DRAINAGE
        WORK, STORMWATER, EARTHWORKS, LANDSCAPING, CARPARKING &
        ACCESS) 2 NOLA STREET, NOOSAVILLE
        Committee Recommendation
        Moved:         Cr Stewart
        Seconded:      Cr Wegener
        That Planning & Environment Committee Agenda Item 1 be referred to the General
        Committee due to the significance of the issue.
                                                                Carried unanimously.


    2   RAP21/0016 – APPLICATION FOR A REFERRAL AGENCY RESPONSE FOR A
        DWELLING HOUSE (FILLING BEYOND 3M OF THE FOOTPRINT OF BUILDING) AT
        11 CHURCH ST, POMONA
        Committee Recommendation
        Moved:         Cr Stockwell
        Seconded:      Cr Stewart
        That Planning & Environment Committee Agenda Item 2 be referred to the General
        Committee for further consideration.
                                                                Carried unanimously.


    3   MCU20/0149 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT-
        TERM ACCOMMODATION AT 29 FERGUSON ST, SUNSHINE BEACH
        Committee Recommendation
        Moved:       Cr Stockwell
        Seconded:    Cr Stewart
        That Planning & Environment Committee Agenda Item 3 be referred to the General
        Committee due to the significance of the issue.
                                                                Carried unanimously.


    4   MCU15/0069.01 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A
        MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND
        SHORT-TERM ACCOMMODATION AT 1/39 DUKE STREET, SUNSHINE BEACH
        Committee Recommendation
        Moved:         Cr Stockwell
        Seconded:      Cr Stewart
        That Planning & Environment Committee Agenda Item 4 be referred to the General
        Committee due to the significance of the issue.
                                                                Carried unanimously.



                                                                           Page 3 of 5

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                             6 JULY 2021


    5   MCU19/0114 PLANNING & ENVIRONMENT COURT APPEAL NO 970 OF 2021 -
        APPLICATION FOR A SENIORS LIVING COMMUNITY, NEW COOROY GOLF
        CLUBHOUSE & FACILITIES, BOUNDARY REALIGNMENT & ACCESS EASEMENT
        AT 30, 114, 122 & 144 MYALL ST, COOROY
        Committee Recommendation
        Moved:              Cr Finzel
        Seconded:           Cr Stewart
        That Council note the report by the Manager Development Assessment to the Planning
        & Environment Committee Meeting dated 6 July 2021 regarding Planning & Environment
        Court Appeal 970 of 2021 and agree to defend the appeal.
                                                                     Carried unanimously.



    6   ENVIRONMENT PROJECT & ALLIANCE GRANTS
        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 the Noosa District Landcare due to my long standing connection with
        the organisation as one of the inaugural members of the unincorporated group dating back to the
        1980s. Although I have a declarable conflict of interest, I do not believe a reasonable person could
        have a perception of bias considering the community nature of this relationship. 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.
        Committee Resolution
        Moved:              Cr Stewart
        Seconded:           Cr Wegener
        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 considering the community nature of this relationship, a reasonable person would not have a
        perception of bias and would therefore 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 Stewart
        Seconded:           Cr Wegener
        That Council note the report by the Environment Services Manager to the Planning &
        Environment Committee Meeting dated 6 July 2021 and approve the Environment
        Project Grants and Environment Alliance funding recommendations for this round as
        outlined in Attachment 1 to the report.
                                                                    Carried unanimously.




                                                                                               Page 4 of 5

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                                     6 JULY 2021


6    REPORTS FOR NOTING BY THE COMMITTEE


     7      PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MAY 2021
            I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation
            to the application by Barry Taylor, listed in the report at Item 31. I have attended Mr Taylor’s
            house for lunch and we have socialised together very occasionally. Although I have a declarable
            conflict of interest, I do not believe a reasonable person could have a perception of bias because
            I believe I do not have a close personal relationship with Mr Taylor and 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.
            Committee Resolution
            Moved:               Cr Wegener
            Seconded:            Cr Finzel
            That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the
            public interest that Cr Stewart participates and votes on this matter because Council believes that
            Cr Stewart does not have a close personal relationship with Mr Taylor and therefore a reasonable
            person would trust that the final decision is made in the public interest.
                                                                                        Carried unanimously.
            Cr Stewart did not vote on the above motion.

            Committee Recommendation
            Moved:               Cr Wegener
            Seconded:            Cr Stewart
            That Council note the report by the Development Assessment Manager to the Planning
            & Environment Committee Meeting dated 6 July 2021 regarding planning applications
            that have been decided by delegated authority.
                                                                        Carried unanimously.




7    CLOSED SESSION

     Nil.



The meeting closed at 11.00am.




                                                                                                       Page 5 of 5

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