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2014-01-20 Ordinary Meeting Minutes
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MINUTES Ordinary Meeting 10am, Monday, 20 January 2014 Council Chambers, 9 Pelican Street, Tewantin
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Section 2
ORDINARY MEETING MINUTES 20 JANUARY 2014
TABLE OF CONTENTS
ITEM SUBJECT PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 NOTIFIED MOTIONS 3
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 3
6 ORDINARY MEETING REPORTS 4
EXECUTIVE OFFICE 4
6.1 APPOINTMENT OF ACTING CHIEF EXECUTIVE OFFICER 4
6.2 COUNCILLOR SUPERANNUATION 4
6.3 NOOSA BISOPHERE RESERVE – REVIEW OF MANAGEMENT MODEL 4
COMMUNITY & DEVELOPMENT 5
6.4. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
SHOPPING CENTRE AT 5-7 RUFOUS STREET, PEREGIAN BEACH –
PLANNING & ENVIRONMENT COURT APPEAL (MULTISPAN) –
MCU13/0092 5
7 PETITIONS 6
8 CLOSED SESSION 6
8.1 CLOSED SESSION ITEM: MASTERS HOME
IMPROVEMENT STORE & SHOWROOM FOR NOOSA BUSINESS
CENTRE – PLANNING & ENVIRONMENT COURT APPEAL (HYDROX) –
MCU12/0051 6
9 NEXT MEETING 7
10 MEETING CLOSURE 7
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Section 3
ORDINARY MEETING MINUTES 20 JANUARY 2014
1 ATTENDANCE & APOLOGIES
ATTENDANCE
COUNCILLORS
Councillor N Playford, Mayor
Councillor B Abbot
Councillor S Bolton
Councillor J Jurisevic
Councillor F Pardon
Councillor T Wellington
Councillor F Wilkie
EXECUTIVE
B Davidson, Acting Chief Executive Officer
D Iezzi, Acting Chief of Staff
M Drydale, Acting Director Community Infrastructure
A Rogers, Acting Director Community & Development
M Shave, Acting Director Organisational Services
APOLOGIES
Nil.
The meeting commenced at 10.01 am.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Pardon
Seconded: Cr Wellington
The Minutes of the Ordinary Meeting held on 13 January 2014 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
Nil.
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Section 4
ORDINARY MEETING MINUTES 20 JANUARY 2014
6 ORDINARY MEETING REPORTS
EXECUTIVE OFFICE
6.1 APPOINTMENT OF ACTING CHIEF EXECUTIVE OFFICER
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Council note the report by the Chief of Staff to the Ordinary Meeting dated 20 January
2014 and approve the appointment of Mr Victor Bruce Davidson as Acting Chief Executive
Officer of Noosa Council from 14 January 2014 until the commencement of the new
permanent Chief Executive Officer on 3 February 2014.
Carried.
6.2 COUNCILLOR SUPERANNUATION
Council Resolution
Moved: Cr Pardon
Seconded: Cr Jurisevic
That Council receive the report by the Chief of Staff to the Ordinary Meeting dated 20
January 2014 and in accordance with Section 226 of the Queensland Local Government
Act 2009, authorise the payment of superannuation contributions for councillors of up to
12% on the condition that councillors:
a) Contribute an amount of up to 6% from their salaries and council contributes a
proportionate amount of up to 12% to a nominated superannuation fund;
b) Make contributions through an arrangement by way of a formal request to Council;
and
c) Nominate the preferred superannuation fund, and where no nomination has occurred
the superannuation payments be made to LG Super.
Carried.
6.3 NOOSA BISOPHERE RESERVE – REVIEW OF MANAGEMENT MODEL
Council Resolution
Moved: Cr Abbot
Seconded: Cr Bolton
That Council agree to the process steps 1 to 3 outlined in the report to the Ordinary
Meeting dated 20 January 2014 to review the Noosa Biosphere Reserve management
arrangements to maximise the potential for community involvement in Noosa Biosphere
Reserve projects, activities and initiatives and further, Council appoint Cr Pardon and
Cr Wellington as Directors to the Noosa Biosphere Limited Board.
Carried.
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Section 5
ORDINARY MEETING MINUTES 20 JANUARY 2014
COMMUNITY & DEVELOPMENT
6.4. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR SHOPPING
CENTRE AT 5-7 RUFOUS STREET, PEREGIAN BEACH – PLANNING &
ENVIRONMENT COURT APPEAL (MULTISPAN) – MCU13/0092
Cr Wilkie declared a conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to him previously making a personal submission against the
Development Application, prior to his election as Councillor. Cr Wilkie left the meeting room for
the debate and decision on this matter.
Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of
the Local Government Act 2009) due to his new pending membership of the Peregian Beach
Community Association who have previously made a submission against the Development
Application. Cr Jurisevic believed he could consider this item impartially and in the public
interest and therefore remained in the meeting room for the debate and decision on this matter.
Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of
the Local Government Act 2009) due to a friend’s ownership of a retail store near to, and in
possible competition to, the proposed development site. Cr Pardon believed he could consider
this item impartially and in the public interest and therefore remained in the meeting room for
the debate and decision on this matter.
Council Resolution
Moved: Cr Wellington
Seconded: Cr Bolton
That Council advise the Planning & Environment Court that, were it in a position to
determine the application, would REFUSE Application No. MCU13/0092 for a Development
Permit for Material Change of Use (Entertainment & dining Type 1 - Food & beverages,
Commercial Type 1 – Office, and Retail business Type 2 - Shop & Salon) situated at 5-7
Rufous St, Peregian Beach for the following reasons:
1. the proposed development does not comply with the Overall Outcomes of The Noosa
Plan’s Eastern Beaches Locality, Business Uses, Community Uses, Driveways and
Carparking, and Transport, Roads & Drainage Codes
2. the proposed development would effectively form a second shopping centre at
Peregian Beach, is likely to adversely impact on the role and function of the Peregian
Beach village and presents a poor unappealing urban design outcome
3. the proposal will alienate land intended for open space recreation purposes and the
applicant has not demonstrated that the community would not be disadvantaged by
the loss of open space recreation land
4. the development would have unacceptable impacts on traffic operations and traffic
safety at the intersection of Woodland Drive and David Low Way, and in Rufous
Street
5. traffic generated by the development proposed would have significant adverse
impacts on the amenity of existing residences nearby and
6. the proposed development raises significant conflicts with The Noosa Plan and there
are insufficient grounds to justify the conflict with planning scheme, particularly as
there is no exceptional or urgent need for the proposal, with the level of need
undermined by the site’s location and the community’s clear objection.
Carried.
(Cr Wilkie was absent for the vote on this item. Crs. Jurisevic and Pardon voted
in favour of the motion).
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Section 6
ORDINARY MEETING MINUTES 20 JANUARY 2014
Cr Wilkie rejoined the meeting.
7 PETITIONS
Nil.
8 CLOSED SESSION
Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to his past position as an Executive Member of the Noosa
Residents and Ratepayers Association who have previously made a submission against the
Development Application. Cr Jurisevic believed he could consider this item impartially and in the
public interest and therefore remained in the meeting room for the debate and decision on this matter.
CLOSURE OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jurisevic
That the meeting be closed to the public pursuant to section 275 (1)(f) of the Local Government
Regulation 2012 for the purpose of discussing Item 8.1 - Closed Session Item: Masters Home Improvement Store & Showroom For Noosa Business Centre –
Planning & Environment Court Appeal (Hydrox) – MCU12/0051.
Carried.
RE-OPENING OF MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Wellington
Seconded: Cr Pardon
That the meeting be re-opened to the public.
Carried.
8.1 CLOSED SESSION ITEM: MASTERS HOME
IMPROVEMENT STORE & SHOWROOM FOR NOOSA BUSINESS CENTRE –
PLANNING & ENVIRONMENT COURT APPEAL (HYDROX) – MCU12/0051
Council Resolution
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Coordinator, Development Assessment to the Ordinary
Meeting dated 20 January 2014 and consistent with the decision made by the Sunshine
Coast Council on 22 August 2013 to defend the appeal, this Council resolve to continue to
defend the appeal.
Carried.
(Cr Jurisevic voted in favour of the motion).
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Section 7
ORDINARY MEETING MINUTES 20 JANUARY 2014
9 NEXT MEETING
The next Ordinary Meeting will be held on Thursday, 6 February 2014 in the
Council Chambers, 9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 11.25 am.
To be confirmed on 6 February 2014.
____________________
CHAIR
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