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Minutes Ordinary Meeting 17 Arpil 2025

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                         MINUTES


              Ordinary Meeting

                Thursday, 17 April 2025

                                10:00 AM
             Council Chambers, 9 Pelican Street, Tewantin




Cr Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian
Stockwell, Tom Wegener, Nicola Wilson




                      “Noosa Shire – different by nature”
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Page 2

ORDINARY MEETING MINUTES                                                     17 APRIL 2025



1.        DECLARATION OF OPENING

          The meeting was declared open at 10.03am


2.        ACKNOWLEDGEMENT OF COUNTRY

          Noosa Council respectfully acknowledges the Traditional Custodians of the lands and
          waters of the Noosa area, the Kabi Kabi people, and pays respect to their Elders,
          past, present and emerging.


3.        ATTENDANCE & APOLOGIES

          COUNCILLORS
          Cr Frank Wilkie (Chair)
          Cr Karen Finzel
          Cr Jessica Phillips
          Cr Amelia Lorentson
          Cr Brian Stockwell
          Cr Tom Wegener
          Cr Nicola Wilson


          EXECUTIVE
          Chief Executive Officer Larry Sengstock
          Acting Director Community Services Brad Chalmers
          Acting Director Corporate Services Scott Ison
          Director Development & Regulation Richard MacGillivray
          Director Strategy and Environment Kim Rawlings



          APOLOGIES
          Nil.



4.        CONFIRMATION OF MINUTES

          Council Resolution
          Moved:           Cr Karen Finzel
          Seconded:        Cr Amelia Lorentson
          The Minutes of the Ordinary Meeting held on 20 March 2025 be received and
          confirmed.
          Carried unanimously.


5.        PETITIONS

          Nil.

Page 3

ORDINARY MEETING MINUTES                                                             17 APRIL 2025


6.          PRESENTATIONS

            Nil.


7.          DEPUTATIONS

            Nil.


8.          PUBLIC QUESTION TIME


     8.1.          BRIAN O'CONNOR

                   QUESTION 1
                   As stated in 2018, so seven years ago, and reaffirmed at least twice since, is
                   Noosa Council still committed to a Pomona Showgrounds Masterplan?

                   Response provided by Brad Chalmers, Acting Director Community Services
                   Thank-you Mr O‘Connor for your question and ongoing interest in the Pomona
                   showgrounds.
                   As a follow up to your public question in 2023, Pomona Showgrounds are freehold
                   land, owned by Noosa Agricultural, Horticultural and Industrial Society, also known
                   as Noosa Show Society. As freehold land, it is therefore up to the owner, Noosa
                   Show Society, as to, if or when, a master plan is developed. To that point, council
                   staff have met with members of the show society committee on the 11th March
                   2025. At this meeting the Show Society indicated a desire to undertake a master
                   planning process and staff will now look to assist them on the commencement and
                   development of a plan.


                   QUESTION 2
                   If the answer to Question 1 is in the affirmative, why the delay and how will the
                   commitment manifest itself, and against what timeframe?

                   Response provided by Brad Chalmers, Acting Director Community Services
                   Thank-you for your additional question.

                   Noosa Show Society is an independent community organisation with its own
                   priorities. We are happy to discuss a potential master plan with the Show Society
                   and provide support in the development of this plan, commencing over the next 12
                   months. Council has funding available to assist organisations to undertake
                   planning processes like this and would work collaboratively with the Show Society
                   on an important project such as this.


     8.2.          DEBRA WALZ

                   QUESTION 1
                   In light of the announcement by RSPCA Qld to close the Noosa RSPCA Shelter
                   at Hollett Road, Doonan, what arrangements has Council undertaken to
                   accommodate and manage potential surrendered and/or abused dogs or stray
                   dogs in the Noosa Shire, including any ongoing intentions to operate a pound
                   facility?

Page 4

ORDINARY MEETING MINUTES                                                        17 APRIL 2025


            Response provided by Richard MacGillivray, Director Developmnent &
            Regulation
            Council is currently working through alternative arrangements for pound
            management services in light of the recent decision by the RSPCA to not renew
            its contract with Council. We are committed to working closely with the RSPCA to
            ensure a smooth transition and we anticipate that there will be minimal to no impact
            on the service during this period. We look forward to announcing new
            arrangements for the management of lost and impounded animals in the very near
            future.

            QUESTION 2
            Once Council regains the premises at Hollett Road, Doonan, what is Council's
            intention for the use of this land, the buildings and facilities and how has Council
            considered securing these premises.

            Response provided by Richard MacGillivray, Director Developmnent &
            Regulation
            Until Council has finalised its new pound arrangements, it’s too early to say how
            the site may be used in the future. However, any proposed new use of the site
            would need to be assessed against Council’s Strategic Land Activation Policy to
            ensure it supports Council’s strategic goals and benefits the local community.


   8.3.     TREVOR WALZ

            QUESTION 1
            In light of the current need for people to foster dogs and the potential increase in
            need, due to the imminent closure of the Noosa RSPCA, would Council consider
            allowing residents to have up to three dogs on their property provided they have
            evidence from RSPCA Qld that one or more of those dogs is in temporary foster
            care?

            Response provided by Richard MacGillivray, Director Developmnent &
            Regulation
            Residents can apply to Council to keep more than the prescribed number of
            animals through an Additional Animal Permit. The number of animals permitted
            per property will be assessed on criteria such as the size and location of the
            property and the type of animals being kept. There is a small fee for each
            application which is listed in Council’s fees and charges schedule

            QUESTION 2
            In the last financial year the expenditure on animal control was $837,331 which
            included all staff and activity costs. Can Council provide a break down of income
            and expenditure for last financial year, including all funding related to animal
            control in the Noosa Shire?

            Response provided by Richard MacGillivray, Director Developmnent &
            RegulationIn the 2023-24 financial year the expenditure for animal control was
            $837,331.13. The components of this expenditure include related employee
            costs and internal charges, material and services incorporating items such as
            doggie bags and pound management fees, and depreciation. The revenue
            generated for the same period, primarily relating to fees and charges and other
            relevant revenue (i.e. infringements) was $520,296.99.

Page 5

ORDINARY MEETING MINUTES                                                        17 APRIL 2025


   8.4.     PAT SPICER

            QUESTION 1
            What is the council’s plan if the remediation of 62 Lake Macdonald Cooroy exceeds
            the sum generally outlined in the report 16 May, 2024?

            Response provided by Kim Rawlings, Director Strategy & Environment
            While appreciating there are complexities in remediation, Council has assessed
            the site at 62 Lake Macdonald Dr Cooroy thoroughly to estimate remediation costs
            as accurately as possible prior to works commencing. This includes remediation
            techniques, estimated soil depth and areas to be remediated identified in the
            Remediation Action Plan as provided by the qualified consultant. From this, the
            soil quantities required to be removed from site have been estimated. Supervisory,
            operational and transport costs for this work have been assessed and re-
            checked. In preparing for this work, project contingency costs have been
            included. Project tender responses, when received, will further inform the final
            estimated project cost and the final decision regarding the next steps with the
            project.

            QUESTION 2
            In relation to 62 Lake Macdonald Drive, Cooroy, what grant funding options are
            available to Noosa Shire Council for open space, true full community use,
            landscape and amenity rather than tied to investigation for housing or
            infrastructure for housing?

            Response provided by Kim Rawlings, Director Strategy & Environment
            At present, Council is focused on delivering the remediation and subdivision works
            for the existing project for which federal and state grant opportunities do exist for
            projects that enable housing. This may allow the remediation cost to be partially-
            funded by grant funding. Future use of proposed lots 2 & 3 have not been fully
            considered at this point and, as per the Council resolution of 23 January 2025, any
            future plans will involve community consultation. Grants come up from time to time
            across a range of areas that enable projects to be implemented with the assistance
            of grant funding. Council keeps abreast of these grant programs as they arise.
            These are often subject to particular eligibility requirements and time frames and
            can often change when governments change. We are unaware of any eligible
            grant programs available at the moment for the uses outlined in the question,
            however we will continue to pursue any that are relevant.

   8.5.     RHEA DEN BRAASEM

            QUESTION 1
            Why was Coast2Bay chosen, through a process that lacked transparency, to be
            the recipient of Lot 1 of the proposed subdivision of 62 Lake Macdonald Drive,
            Cooroy?

            Response provided by Kim Rawlings, Director Strategy & Environment
            Coast2Bay (C2B) is a well-regarded local Tier 1 Community Housing
            Provider. C2B have been active in the Noosa Community for many years. In the
            development of the Noosa Housing Strategy, community-wide consultation
            occurred, including in Cooroy. A range of local stakeholders were invited in 2022
            to form a Housing Stakeholder Reference Group to assist Council with social and
            affordable housing solutions in Noosa. Coast2Bay has been a member of the
            Housing Stakeholder Reference Group since it was established in 2022. A
            Memorandum of Understanding between Coast2Bay and Noosa Council was
            executed in 2022. It was from this long-standing relationship that the opportunity

Page 6

ORDINARY MEETING MINUTES                                                            17 APRIL 2025


                 to progress housing on this site was instigated. This site was identified to be
                 investigated for housing in the widely publicised Noosa Housing Strategy 2022. At
                 its ordinary meeting of 16 May 2024 Council approved the disposal of Lot 1 under
                 section 236 of the Local Government Regulation 2012. Proposed Lot 1 is being
                 sold at market value. This decision does not prevent Council from dealing with
                 other community housing organisations for other much-needed housing solutions
                 that may arise in Noosa LGA.

                 QUESTION 2
                 Once the land, Lot 1 at 62 Lake Macdonald Drive Cooroy, is sold to Coast2Bay, it
                 is unbelievable that the land can remain zoned Community Facilities as it no longer
                 belongs to the community so what exactly is the Material Change of Use
                 application that Coast2Bay has to submit as part of the initial DA?

                 Response provided by Kim Rawlings, Director Strategy & Environment
                 Community Facilities Zone is defined under the State Queensland Planning
                 Regulation 2017, the purpose of the community facilities zone is to provide
                 fordash;
                 (a) community-related uses, activities and facilities, whether publicly or privately
                 owned, including, for exampledash;
                    (i) educational establishments; and
                    (ii) hospitals; and
                    (iii) transport and telecommunication networks; and
                    (iv) utility installations; and
                 (b) residential uses, if all of the dwellings for the residential use, other than
                 caretaker’s accommodation, aredash;
                    (i) an affordable housing component; and
                    (ii) either on landdash;
                         (A) associated with a community activity comprised of a community care
                         centre, a place of worship or a residential care facility; or
                         (B) owned, controlled or managed by an entity that carries out a community
                         activity comprised of a community care centre, a place of worship or a
                         residential care facility.

                 For example Residential aged care such as Kabara is included in the Community
                 Facilities Zone. Palm Lakes Retirement Resort is included in the Community
                 Facilities Zone. These properties are privately owned and accommodate people’s
                 homes. The community facilities zone relates to what land use can occur on the
                 land rather than who owns the land or who it belongs too. It can apply to both
                 public and private land.

                 An impact assessable MCU application for housing is required for the C2B
                 proposal which means the development application is publicly notified and is
                 required to be assessed against the Noosa Plan.

9.        MAYORAL MINUTES

          Nil.


10.       NOTIFIED MOTIONS

          Nil.

Page 7

ORDINARY MEETING MINUTES                                                             17 APRIL 2025


11.           CONSIDERATION OF COMMITTEE REPORTS


      11.1.     PLANNING & ENVIRONMENT COMMITTEE REPORT - 8 APRIL 2025

                ATTENDANCE & APOLOGIES

                COMMITTEE MEMBERS
                Cr Amelia Lorentson (Chair)
                Cr Brian Stockwell
                Cr Frank Wilkie

                NON COMMITTEE MEMBERS
                Cr Karen Finzel (via Microsoft Teams)


                EXECUTIVE
                Director Development & Regulation Richard MacGillivray

                APOLOGIES
                Cr Tom Wegener

                COMMITTEE RECOMMENDATIONS TO COUNCIL

                7.1. MCU24/0151 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE
                OF USE FOR OUTDOOR SPORT & RECREATION (ROWING CLUB) AT LAKE
                MACDONALD DRIVE, LAKE MACDONALD
                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 due to my previous work in Lake Macdonald for Seqwater. In 2019 as
                part of a broader consultancy project that I completed as a sole trader I undertook
                Land Asset Classification of the land owned by Seqwater around the Lake
                Macdonald Dam. This work was at a strategic level and assessed the parcel in
                question as part of the broader evaluation. The project produced land capability
                and suitability assessments for various land uses, including for recreational
                pursuits such as that proposed in the application. In 2020 as part of a broader
                consultancy project I also undertook a further assessment evaluating the suitability
                of the land around Lake Macdonald for a solar farm. Although I have a declarable
                conflict of interest, I do not believe a reasonable person could have a perception
                of bias because I have had no dealings with Seqwater in a private consultant
                capacity since that time. 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 Planning & Environment Committee Agenda Item 7.1 be referred to the
                General Committee for further consideration.

                8.1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
                FEBRUARY 2025
                That Council note the report by the Acting Development Assessment Manager to
                the Planning & Environment Committee Meeting 8 April 2025 regarding
                applications that have been decided by delegated authority for February 2025 as
                per Attachment 1 to the Report.

Page 8

ORDINARY MEETING MINUTES                                                        17 APRIL 2025


            9.1 PLANNING &
            ENVIRONMENT COURT APPEAL NO. 1998 OF 2024 – APPLICATION FOR
            MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE AT NOOSA CIVIC,
            28 EENIE CREEK ROAD, NOOSAVILLE
            That Council note the report by the Manager Development Assessment to the
            Planning and Environment Committee Meeting dated 8 April 2025 regarding
            Planning & Environment Court Appeal 1998 of 2024 and:
            A. Delegate to the CEO the power to attend to all matters relating to its resolution.

            Council Resolution
            Moved:            Cr Brian Stockwell
            Seconded:         Cr Tom Wegener
            That the report of the Planning and Environment Committee meeting dated 8
            APRIL 2025 be received and the recommendations therein be adopted except
            where dealt with by separate resolution.
            Carried unanimously.

Page 9

ORDINARY MEETING MINUTES                                                     17 APRIL 2025


   11.2.    SERVICES & ORGANISATION COMMITTEE REPORT - 8 APRIL 2025

            ATTENDANCE & APOLOGIES

            COMMITTEE MEMBERS
            Cr Karen Finzel (Chair)
            Cr Jessica Phillips (via Microsoft Teams)
            Cr Nicola Wilson
            Cr Frank Wilkie

            NON COMMITTEE MEMBERS
            Cr Tom Wegener (via Microsoft Teams)

            EXECUTIVE
            Director Development and Regulation Richard MacGillivray
            Acting Director Corporate Services Margaret Gatt
            Acting Director Infrastructure Services Kyrone Dodd

            APOLOGIES
            Nil.

            COMMITTEE RECOMMENDATIONS TO COUNCIL

            7.1. SUNRISE SHOPS - SHOP 4 LEASE RENEWAL
            That Council note the report by the Commercial Business Advisor to the Services
            & Organisation Committee dated 8 April 2025 and
            A. Approve the lease renewal to Sunrise Dental Care Pty Ltd for Shop 4, Sunrise
            Shops for five (5) years commencing 1 July 2025;
            B. Authorise the Chief Executive Officer to award a subsequent two (2) by two (2)
            year extensions of the lease subject to the lessee complying with the terms of the
            lease; and
            C. Apply the exception to the requirement for tendering of the lease under Section
            236 (1) (c) (iii) of the Local Government Regulation 2012 as the renewal is to the
            existing tenant.


            7.2. SUNRISE SHOPS - SHOP 6 LEASE RENEWAL
            That Council note the report by the Commercial Business Advisor to the Services
            & Organisation Committee dated 8 April 2025 and
            A. Approve the lease renewal to Cartor Pty Ltd for Shop 6, Sunrise Shops for one
            (1) year commencing 28 April 2025;
            B. Approve the CEO to award subsequent two (2) by one (1) year extensions of
            the lease subject to the lessee complying with the terms of the lease; and
            C. Apply the exception to the requirement for tendering of the lease under Section
            236 (1) (c) (iii) of the Local Government Regulation 2012 as the renewal is to the
            existing tenant.

            Council Resolution
            Moved:            Cr Nicola Wilson
            Seconded:         Cr Karen Finzel
            That the report of the Services & Organisation Committee meeting dated 8 April
            2025 be received and the recommendations therein be adopted except where
            dealt with by separate resolution.
            Carried unanimously.

Page 10

ORDINARY MEETING MINUTES                                                         17 APRIL 2025




   11.3.    GENERAL COMMITTEE MEETING REPORT - 14 APRIL 2025


            ATTENDANCE & APOLOGIES

            COMMITTEE MEMBERS
            Cr Brian Stockwell (Chair)
            Cr Karen Finzel (via Microsoft Teams)
            Cr Amelia Lorentson
            Cr Jessica Phillips
            Cr Tom Wegener
            Cr Frank Wilkie
            Cr Nicola Wilson

            EXECUTIVE
            Chief Executive Officer Larry Sengstock
            Acting Director Corporate Services Scott Ison
            Director Development & Regulation Richard MacGillivray
            Director Strategy and Environment Kim Rawlings
            Acting Director Infrastructure Services Kyrone Dodd

            APOLOGIES
            Nil.


            COMMITTEE RECOMMENDATIONS TO COUNCIL
            7.1. MCU24/0151 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE
            OF USE FOR OUTDOOR SPORT & RECREATION (ROWING CLUB) AT LAKE
            MACDONALD DRIVE, LAKE MACDONALD (REFERRED FROM PLANNING
            AND ENVIRONMENT COMMITTEE DATED 8 APRIL 2025- ITEM 7.1)
            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 due to my previous work in Lake Macdonald for Seqwater. In 2019 as
            part of a broader consultancy project that I completed as a sole trader I undertook
            Land Asset Classification of the land owned by Seqwater around the Lake
            Macdonald Dam. This work was at a strategic level and assessed the parcel in
            question as part of the broader evaluation. The project produced land capability
            and suitability assessments for various land uses, including for recreational
            pursuits such as that proposed in the application. In 2020 as part of a broader
            consultancy project I also undertook a further assessment evaluating the suitability
            of the land around Lake Macdonald for a solar farm. Although I have a declarable
            conflict of interest, I do not believe a reasonable person could have a perception
            of bias because I have had no dealings with Seqwater in a private consultant
            capacity since that time. 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.


            Council Resolution
            Moved:          Cr Frank Wilkie
            Seconded:       Cr Nicola Wilson

Page 11

ORDINARY MEETING MINUTES                                                       17 APRIL 2025


            That Council note the declarable conflict of interest by Cr Stockwell and determine
            that in accordance with s150ES of the Local Government Act 2009, and having
            considered the Councillor's conflict of interest as described, it is decided that Cr
            Stockwell may participate and vote on this matter relating to MCU24/0151
            Development Application Lot 1 RP 167252 Lake Macdonald Dr, Lake Macdonald
            as a reasonable person would not have a perception of bias as there is no
            personal gain or loss involved.

            For:       Crs Wilkie, Wilson, Lorentson, Wegener, Finzel and Phillips.
            Against: Nil.
            Carried.
            Cr Stockwell having declared a conflict of interest was not eligible to vote.

            Council Resolution
            Moved:            Cr Frank Wilkie
            Seconded:         Cr Karen Finzel
            That Council note the report by the Coordinator Planning to the General
            Committee Meeting dated 14 April 2025 regarding development application
            MCU24/0151 for a Development Permit for Material Change of Use – Outdoor
            sport and recreation (Rowing Club) situated at Lake Macdonald Dr Lake
            Macdonald described as Lot 1 RP 167252 and
               A. Approve the application in accordance with the proposed conditions
                   outlined in Attachment 1 with the following amendment to condition 20:
                   20. This development approval lapses on 17 April 2032, or within 60 days
                   following the completion of the Seqwater Lake MacDonald Dam
                   Improvement Project, whichever occurs earlier. The approved use must
                   cease operating by this date and all structures, hardstand areas, fencing
                   removed within 60 days of the cessation of operations, with the site
                   rehabilitated by:
                       a. Removing all weed species, including declared plants under the
                       Biosecurity Act 2014 and sub-ordinate Regulation 2003 and the Noosa
                       Local Government Area Pest Management Plan 2015-2019.
                   b. Planting the disturbed areas with a species mix and density reflective of
                   the local variation of the Regional Ecosystem and site-specific conditions.
                   These works must be undertaken by a qualified person* and be to the
                   reasonable satisfaction of the Manager Development Assessment.
               B. Find the following matters relevant to the assessment and sufficient reason
                   to approve the application:
                         1. The proposal will enable an existing rowing club to continue to
                            operate while necessary improvements are made to Lake
                            Macdonald dam, an important water supply for south-east
                            Queensland.
                         2. The proposed use is small scale, requires direct access to the lake,
                            is temporary in nature and potential impacts on the area’s
                            ecological and water catchment values have been minimised.
               C. Note the report is provided in accordance with Section 63(5) of the Planning
                   Act 2016.

            Carried unanimously.

Page 12

ORDINARY MEETING MINUTES                                                          17 APRIL 2025



                 8.1. FINANCIAL PERFORMANCE REPORT – MAR 2025
                 That Council note the report by the Financial Services Manager to the General
                 Committee Meeting dated 14 April 2025 outlining the March 2025 year to date
                 financial performance against budget, including changes to the financial
                 performance report with the inclusion of key financial sustainability indicators.


                 Council Resolution
                 Moved:            Cr Amelia Lorentson
                 Seconded:         Cr Jessica Phillips
                 That the report of the General Committee meeting dated 14 April 2025 be received
                 and the recommendations therein be adopted except where dealt with by separate
                 resolution.
                 Carried unanimously.



12.       ORDINARY MEETING REPORTS

          Nil.


13.       CLOSED SESSION

          Nil.


14.       NEXT MEETING

          The next Ordinary Meeting will be at Cooroy Memorial Hall at 23 Maple Street,
          Cooroy on Thursday 15 May 2025 at 5.00pm.


15.       MEETING CLOSURE

          The meeting closed at 10:27am.

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