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Meeting papers
AGENDA
Ordinary Meeting
Thursday, 20 April 2023
commencing at 5:00 PM
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson, Brian
Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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ORDINARY MEETING 20 APRIL 2023
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The minutes of the Ordinary Meeting held on 16 March 2023 be received and confirmed.
3. MAYORAL MINUTES
4. PETITIONS
5. NOTIFIED MOTIONS
Nil
6. PRESENTATIONS
Nil
7. DEPUTATIONS
Nil
8. CONSIDERATION OF COMMITTEE REPORTS
8.1. PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 APRIL 2023
8.2. SERVICES & ORGANISATION COMMITTEE MEETING REPORT 11 APRIL 2023
8.3. GENERAL COMMITTEE MEETING REPORT 17 APRIL 2023
9. ORDINARY MEETING REPORTS
9.1. CHANGE TO SERVICES & ORGANISATION COMMITTEE CHAIR
10. CLOSED SESSION
11. PUBLIC QUESTION TIME
1 IAN GLEW - TEWANTIN NOOSA LIONS CLUB
12. NEXT MEETING
13. MEETING CLOSURE
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ORDINARY MEETING 20 APRIL 2023
8.1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 APRIL 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Tom Wegener
Cr Karen Finzel
Cr Brian Stockwell
NON COMMITTEE MEMBERS
Cr Amelia Lorentson
Cr Frank Wilkie
EXECUTIVE
Scott Waters, Chief Executive Officer
Kim Rawlings, Director Environment & Sustainable Development
Larry Sengstock, Director Infrastructure Services
APOLOGIES
Cr Clare Stewart
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. REVISED POLICY GUIDELINES- PRIVATE LAND CONSERVATION PARTNERSHIPS
That Noosa Council (Council) note the report by the Conservation Partnerships Officer to the
Planning & Environment Committee Meeting dated 11 April 2023 and;
A. Approve the amendments as outlined in the attached updated Private Land Conservation
Partnerships Policy Guideline; and
B. Request staff to address program resourcing as part of the 2023-24 budget process.
5.2. SMALL BUSINESS FRIENDLY PROGRAM
That Council note the report by the Project Officer Economic Development to the Planning &
Environment Committee Meeting dated 11 April 2023 regarding the Small Business Friendly
Councils Program and:
A. Approve Council to join the "Small Business Friendly Councils Program" and
B. Delegate authority to the Chief Executive Officer to deal with any matters arising from the
implementation of the Charter.
5.3. MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH
That Planning & Environment Committee Agenda Item 5.3 be referred to the General Committee
due to the significance of the issue.
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ORDINARY MEETING 20 APRIL 2023
5.4. MCU22/0038.01 – MINOR CHANGE TO A DEVELOPMENT PERMIT (COMMERCIAL
BUSINESS TYPE 1 – OFFICE AND COMMERCIAL BUSINESS TYPE 2 - MEDICAL) AT 28 EENIE
CREEK ROAD, NOOSAVILLE
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 April 2023 regarding Application No. MCU22/0038.01 to make a minor
change to an existing approval for Material Change of Use – Commercial Business Type 1 - Office
and Commercial Business Type 2 - Medical situated at 26 Eenie Creek Road, Noosaville and:
A. Approve the change.
B. Amend conditions 2, 4, 43 and 52 as outlined in Attachment 1
C. Delete conditions 40, 46, 47, 48 and 49.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. BD2147 of 2022 – APPLICATION
FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE BEACH
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 April 2023 regarding Planning & Environment Court
Appeal No. BD2147 of 2022 and agree to settle the appeal generally in accordance with the
proposed conditions outlined in Attachment 1.
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – FEBRUARY 2023
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell declare I have a prescribed conflict of interest in this matter as follows: Suncoast Building
Approvals are identified as the applicant in number 21 for Development Application MCU22-0190 - I contracted
Suncoast Building Approvals to undertake Building Certification for my proposed residence in Boreen Point on
the 29 November 2021. This process is currently underway. The total fees associated with the completion of
the certification and inspection regime is $5,904 which includes Noosa Council Plumbing and Drainage fees.
As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted
on.
That Council note the report by the Acting Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 11 April 2023 regarding planning applications that have been
decided by delegated authority.
Committee Recommendation
That the report of the Planning & Environment Committee dated 11 April 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
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ORDINARY MEETING 20 APRIL 2023
8.2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT 11 APRIL 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart (via Microsoft Teams)
Cr Frank Wilkie
EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
K Rawlings, Director Environment & Sustainable Development
A Hamblin, Acting Director Community Services
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. PARKS AND PLAYGROUNDS ASSET MANAGEMENT PLAN
That Council note the report by the Civil and Asset Operations Manager to the Services Committee
Meeting dated 11 April 2023 and approve the Parks and Playgrounds Asset Management Plan as a
document that specifies the activities, resources and asset classes to achieve Noosa Council’s asset
management objectives.
5.2. NOOSA – GYMPIE WASTE MANAGEMENT MEMORANDUM OF UNDERSTANDING
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 11 April 2023 and authorise the CEO to progress and sign
a Memorandum of Understanding (MOU) with Gympie Regional Council and subsequently work on
mutually beneficial activities particularly, but not limited to, Waste Management.
5.3. TOURISM NOOSA FUNDING AGREEMENT
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 as Leigh McCready,
a Director of Tourism Noosa is a personal friend. As a result of my conflict of interest I will now leave the
meeting room while the matter is considered and voted on.
That Services & Organisation Committee Agenda Item 5.3 be referred to the General Committee
due to the significance of the issue.
5.4. PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB
That Council note the report by the Digital Hub Director to the Services & Organisation Committee
Meeting dated 11 April 2023 regarding the commercial lease of office space at the Peregian Digital
Hub and:
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ORDINARY MEETING 20 APRIL 2023
A. Agree to enter a commercial lease of the Unit 5 premises of 75m2 to Nabooki Pty Ltd. for a
two year term, as generally outlined in the report;
B. 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.
5.5. MOTION TO ALGA NATIONAL GENERAL ASSEMBLY 2023
That Council note the report by the Chief Executive Officer to the Services & Organisation Committee
Meeting dated 11 April 2023 regarding a motion to the Australian Local Government Association
National General Assembly 2023 and:
A. Approve the following motion that has been submitted to the Australian Local Government
Association:
"This National General Assembly calls on the Australian Government to formulate a
National Policy on Ocean Sewerage Outfalls that aims at NO new ocean and estuarine
sewerage outfalls to be built/developed along the Australian coastline, and that dedicated
funding is provided to support local regional governments and wastewater providers with
existing ocean and estuarine outfalls, to develop new methods/technologies and make
every effort to recycle 100% of all treated wastewater generated within their localities, and
avoid the need to discharge in the ocean."
B. Approve Cr Amelia Lorentson to present this motion at the National General Assembly
noting Councillor Lorentson has formed this motion.
7.1. CENTRALISED LEGAL SERVICES
TRIAL
That Services & Organisation Committee Agenda Item 7.1 be referred to the General Committee
due to the significance of the issue.
Committee Recommendation
That the report of the Services & Organisation Committee dated 11 April 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
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ORDINARY MEETING 20 APRIL 2023
8.3 GENERAL COMMITTEE MEETING REPORT 17 APRIL 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
Larry Sengstock, Acting CEO & Director Infrastructure Services
Trent Grauf, Acting Director Corporate Services
Kim Rawlings, Director Environment &Sustainable Development
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 April 2023 regarding Application No. MCU22/0209 for a
Development Permit for Material Change of Use – Short Term Accommodation situated at 515
Cooroy Noosa Road, Tinbeerwah and:
A. Approve the application in accordance with the conditions listed in Attachment 1.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
5.2. TOURISM NOOSA FUNDING AGREEMENT (REFERRED FROM S&O 11 APRIL 2023)
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 as Leigh
McCready, a Director of Tourism Noosa is a personal friend. As a result of my conflict of interest I will now
leave the meeting room while the matter is considered and voted on.
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 as Leigh McCready,
a Director of Tourism Noosa, 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.
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 as on 24
February 2020 I sought a review by the Independent Council Election Observer (ICEO) as to the public
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ORDINARY MEETING 20 APRIL 2023
claims of the Future Noosa Team, of which Leigh McCready was publicly identified as a Campaign
Manager. Leigh McCready is a Director of Tourism Noosa. Although I have a declarable conflict of interest,
I do not believe a reasonable person could have a perception of bias because the ICEO review was an
advisory service, not a statutory process, and my queries at that time were in the public interest and neither
I nor Ms McCready stood to personally gain or lose from that advice. 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.
That Council note the report by the Chief Executive Officer to the Services and Organisation
Committee Meeting dated 11 April 2023 regarding the Tourism Noosa Funding and Performance
Deed and
A. Authorise the Chief Executive Officer to execute the Funding and Performance Deed
provided at Attachment 1 to the Report;
B. Authorise the Chief Executive Officer to make changes to the Funding and Performance
Deed prior to executing the Deed as required; including
i. Adding to the deed, a requirement that prior to the completion and adoption of
the DMP, TN must consider and respect key aspirations and positions of Council
articulated in the Corporate Plan and stated in relevant strategies and plans as
part of the development of Tourism Noosa's Strategic Plan, Marketing Plan and
Events Strategy.
C. Confirm the release of funds as per the report for the 2024 and 2025 Financial Years.
6.1. CONTRACT NO. CN00311 - FLOOD RECONSTRUCTION - GOLDEN GULLY ROAD -
CULVERT REPLACEMENTS
That Council note the report by the Disaster Reconstruction Coordinator to the General
Committee Meeting dated 17 April 2023, and:
A. Award Contract No. CN00311 for Golden Gully Road Culvert Replacements to Sunshine
Civil Solutions Pty Ltd for a lump sum price of $1,190,773 (excluding GST);
B. Authorise the CEO to negotiate the final contract with Sunshine Civil Solutions Pty Ltd.
6.2. BUDGET REVIEW 2 (BR2) FOR THE 2022/23 FINANCIAL YEAR
That Council note the report by the Manager Financial Services (Acting) to the General Committee
Meeting dated 17 April 2023 and approve the proposed changes to the budget for the 2022/23
financial year as outlined in the revised Budget Financial Statements attached to the report.
6.3. FINANCIAL PERFORMANCE REPORT – APRIL 2023
That Council note the report by the Manager Financial Services (Acting) to the General Committee
Meeting dated 17 April 2023 outlining March 2023 year to date financial performance against
budget, including changes to the financial performance report with the inclusion of key financial
sustainability indicators.
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ORDINARY MEETING 20 APRIL 2023
7.1. CENTRALISED LEGAL SERVICES
TRIAL (REFERRED FROM S&O 11 APRIL 23)
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 April 2023 regarding HWL Ebsworth Lawyers legal insourcing trial
and:
A. Refer for budget consideration a Legal Officer Role within Governance to centralise all
legal matters for the Council;
B. To inform the budget process, undertake an "invitation to quote" process to procure a
suitable legal firm that can provide a broad scope of legal advice and take legal action
on behalf of the Council;
C. A further report be provided to the Council in relation to the feasibility of a Legal Officer
and outcomes of the invitation to quote process, seeking approval from the Council to
proceed prior to entering into any agreement.
7.2. TOURIST ACCOMMODATION ZONE REVIEW -PROPOSED AMENDMENT 2A TO
NOOSA PLAN 2020
That Council note the confidential report by the Principal Strategic Planner to the General
Committee Meeting dated 17 April 2023 regarding the Tourist Accommodation zone review
and:
A. Propose to amend Noosa Plan 2020 in accordance with this report and Attachments, in
accordance with Part 3 Division 2 of the Planning Act 2016;
B. Submit proposed Amendments 2A to Noosa Plan 2020 to the Chief Executive, State
Development, Infrastructure, Local Government and Planning for the purpose of State
Interest Review as an addendum to proposed Amendment 2 endorsed by Council on 31
January 2023 currently under review by the state;
C. Authorise the CEO to make any further minor administrative changes necessary to
proposed Amendment 2A to Noosa Plan 2020 for the purpose of State Interest Review;
D. Note that following State Interest Review a report will be submitted to Council on the
proposed Amendment 2A to Noosa Plan 2020 for endorsement for the purpose of
community consultation and public notification.
Committee Recommendation
That the report of the General Committee Meeting dated 17 April 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
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ORDINARY MEETING 20 APRIL 2023
9.1 CHANGE TO SERVICES & ORGANISATION COMMITTEE CHAIR
Author Acting Chief Executive Officer, Larry Sengstock
CEO Office Department
Index ECM/ Subject / Council Meetings General
Attachments None
EXECUTIVE SUMMARY
At the Ordinary Meeting dated 30 April 2020, Councillor Joe Jurisevic was appointed as Chairperson
for the Services & Organisation (S&O) Committee. Rotation of Chairpersons was recommended to
Councillors to allow them the opportunity to experience the role of Chairperson. This report seeks to
appoint a new Chair for the S&O Committee Meetings.
RECOMMENDATION
That Council note the report by the Acting Chief Executive Officer to the Ordinary Meeting dated 20
April 2023 and appoint <Cr > as the Chairperson for the Services and Organisation Committee.
REPORT
The Local Government Regulation 2012 provides that a Council may appoint from its Councillors,
standing committees or special committees to assist it to deal with matters. The Services &
Organisations (S&O) Committee Meeting is one of the committees established by Noosa Council
during this current term of Council. The S&O is held at 1.30pm on the Tuesday prior to the General
Committee and the Ordinary Meetings.
In relation to the conduct of Standing Committees, section 267 of the Local Government Regulation
2012, states that a local government may appoint a chairperson of each Committee or alternatively,
the Committee may appoint a chairperson if the Council does not make such an appointment. Cr
Joe Jurisevic was appointed as Chairperson at Council’s Ordinary Meeting dated 30 April 2020.
The rotation of Committee Chairs including the Services & Organisation Committee, was
recommended in the 17 July 2022 General Committee Meeting Report, however no change was
made to the Chair of the S&O at that time. Cr Jurisevic has now offered to stand down and give
another Councillor the opportunity to take up the role of S&O Chair.
Previous Council Consideration
Ordinary Meeting Minutes, 21 July 2022, Item 8, Page 19
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 18 July 2022 and appoint Cr Wegener as the Chairperson for the Planning and
Environment Committee.
Ordinary Meeting Minutes, 30 April 2020, Item 6, Page 8
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 30
April 2020 regarding the Council meeting structure and timetable for the remainder of 2020 and:
A. Approve the re-establishment of the Planning and Environment Committee, the Services
and Organisation Committee, and the General Committee as Standing Committees under
section 264 of the Local Government Regulation 2012, with the relevant roles and
responsibilities identified in the Chief Executive Officer’s report;
B. Appoint the following Councillors to each of the Committees:
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ORDINARY MEETING 20 APRIL 2023
• Planning and Environment Committee
Mayor Stewart
Councillor Stockwell
Councillor Wegener
Councillor Finzel
• Services and Organisation Committee
Mayor Stewart
Councillor Jurisevic
Councillor Lorentson
Councillor Wilkie
• General Committee
The Mayor and all Councillors
C. Appoint the following Chairpersons to the Standing Committees:
• General Committee – Councillor Wilkie
• Planning and Environment Committee – Councillor Stockwell
• Services and Organisation Committee – Councillor Jurisevic
D. Note that Council can amend its decision-making structure, membership of Committees
or Chairpersons of Committees as it requires, by resolution, from time to time;
E. Adopt the times and dates of future meetings of the Council and Committees in accordance
with the Meeting Calendar 2020 shown at Attachment 1 to the report, with meetings to be
held at the Council Chambers at Tewantin unless otherwise determined by Council; and
F. Note that due to the COVID-19 Pandemic, Ordinary Meetings, Special Meetings and
Standing Committee meetings can be held by teleconference / video-conference and
undertaken without the public present if required on the basis that Council and Committee
meetings can be livestreamed.
Finance
Provision exists within the budget to meet any expenses associated with the conduct of Council
meetings. There is no financial cost associated with the change in the Chair.
Risk & Opportunities
Meetings are the principal decision-making forum for local governments and all decisions are made
at the Ordinary meeting with Committee meetings making recommendations to Council.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Departments/Sections Consulted:
x Mayor Community Services Corporate Services
x Councillors Director Director
Community Development Financial Services
x Chief Executive Officer Community Facilities Fleet
Executive Support Libraries & Galleries ICT
Local Laws Procurement
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ORDINARY MEETING 20 APRIL 2023
Waste & Environmental Health Property
Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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ORDINARY MEETING 20 APRIL 2023
11.1 IAN GLEW - TEWANTIN NOOSA LIONS CLUB
Topic: NOOSA HEADS CAR PARKING
QUESTION 1
At the recent meeting 13/3/2023 a report was submitted asking for Car Parking to be approved at
Noosa Heads Lions Park through to May 2023 - a motion was raised and approval only given for
Christmas - New Year 2024 and Easter 2024. Tewantin Noosa Lions club are in receipt of in excess
of 1200 signatures on a partition and 148 likes on the Long weekends and Public holidays.
Community notice board supporting the continuation of parking over all school holidays. I do support
the comments made at the meeting 13/3/2023 that some consultation should have been sought
rather than just raising a motion. I am asking what is the process to have this Motion reversed.
QUESTION 2
With the Car parking at Noosa Heads wound back to Christmas - New year and Easter and the whole
question of car parking being reviewed with the possibility of this park not being used at all for car
parking. My question is The Annual Triathlon held in the park going to be allowed to continue, if the
park is to be reverted to Greenspace I would find it a little contradictory if the Tri was allowed to
continue in the park and ceasing Car Parking.
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