GENERAL COMMITTEE MEETING REPORT – 17 JULY 2023 · Committee to Council report

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ORDINARY MEETING                                                                           20 JULY 2023


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 I have
come to understand that JFP Urban Consultants on behalf of Altum Property Group, who are the
Developers of Park Ridge Noosa Springs, made a submission against the Noosa Springs Hotel
Development. Leigh McCready, who is associated with Altum, was involved as a volunteer 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 I have
come to understand that JFP Consultants on behalf of Altum Property Group, who are the
Developers of Park Ridge Noosa Springs, made a submission against the Noosa Springs Hotel
Development. Leigh McCready is associated with Altum Property Group. 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 in regard to Ms Leigh McCready. 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 and my queries at that time were in the public interest. Therefore, I
will choose to remain in the meeting room. However, I will respect the decision of the meeting on
whether I can remain in the meeting room while the matter is considered and voted on.


That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding MCU21/0110 development permit
for material change of use for resort complex (106 rooms), food and drink outlet, bar and outdoor
sport and recreation at Links Drive, Noosa Heads and
A.           Refuse the Application for the following reasons:
1. The proposed development of the subject land is inappropriate, in circumstances where:
        a. Part of the proposed land use is a resort complex, in circumstances where part of the subject
           land is outside of the urban growth boundary in Noosa Plan 2020;
        b. The proponent seeks to utilise the land for Resort Complex, which is an inconsistent use in
           the Recreation and Open Space zone;
        c. The proposed development is an overdevelopment of the land, at the expense of the natural
           values of the land and involves a reduction of land in the Recreation and Open Space zone;
        d. The proposed development would result in the overdevelopment of the subject land, at the
           expense of its environmental values, as it proposed that an area of existing open space be
           developed;
        e. It results in the unacceptable clearing of vegetation in an ecologically important area and an
           environmentally sensitive area;
        f.    The built form and density of the proposed development is unacceptable.
In these respects, the proposed development is inconsistent with the following provisions of Noosa
Plan 2020:
     i.       Strategic Framework – 3.2.2, 3.2.5, 3.3.2(g), 3.3.1(b) and 3.3.4(b)(p);
  ii.         Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b) and (c), Table 8.2.23
              PO1, PO3, PO5 and PO12;
 iii.         Recreation and Open Space Zone Code– 6.6.1.2(2)(a)(c)(f)(g) and(s), Table 6.6.13 PO1,
              PO2, PO3, PO4, PO15, PO16, PO17, PO18, PO19 and PO38;

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ORDINARY MEETING                                                                        20 JULY 2023


 iv.      Noosa Heads Local Plan Code – 7.2.5.2(2)(b)(e), Table 7.2.5.3 PO5, PO26 and PO27
2. It has not been demonstrated that the proposed development will not involve unacceptable
acoustic amenity impacts, as:
     a. the acoustic impacts of plant, equipment and services associated with the proposed
        development have not been adequately assessed;
     b. if it is the case there are indeed acoustic impacts, no measures have been proposed to
        ameliorate those impacts.
3. The proposed development conflicts with the State Planning Policy, State interest - emissions and
hazardous activities as it is in proximity of an existing Sewage Treatment Plant and risks inhibiting
the sewage treatment plant from functioning safely and effectively due to potential reverse amenity
impacts.
4. When read as a whole, the South East Queensland Regional Plan 2017 (SEQRP) does not lend
support to the proposed use of the land, as:
     a. the SEQRP sets a long term, 50-year vision, establishing aspirations for this region up to
        2067. Given this, the timing and sequencing of residential developments occurring within the
        Urban Footprint is a finer grained detail, the planning for which is implemented through local
        government planning schemes;
     b. the designation of land as being within the Urban Footprint does not imply that all that land
        with that designation can be developed for urban purposes; and
     c. when assessed against Noosa Plan 2020, the proposed development is not suitable for urban
        development.
5. Noosa Plan 2020 appropriately integrates and advances the South East Queensland Regional
Plan 2017, as set out in section 2.2 of the planning scheme.
6. The proposed development has failed to demonstrate a significant planning need to develop
outside of the urban boundary, particularly at the density and intensity proposed and where
inconsistent with the local landscape character. Nor has any overriding community benefit been
demonstrated, which would justify approval despite its conflict with the planning scheme.
7. Many valid planning grounds have been raised by submitters that the proposal represents an
unacceptable level of impact on the amenity of the locality. Further, the development exceeds what
a community member could reasonably expect because of the change to the Tourism
Accommodation Zone when the Noosa Plan 2020 was advertised.
B.       Note that Council resolves to deviate from the staff recommendation on the following grounds:
1. Council is of the view that there is a clear delineation of zone and urban boundaries on the Noosa
Plan 2020 maps. Further, that:
     a. Council is of the opinion that the demarcation of the split zone over the lot took into account
        a range of factors, over and above the acceptable line of odour nuisance. During the
        development of the Noosa Plan 2020, as would be the case in any future potential scheme
        amendment, avoidance of areas mapped in the Biodiversity Overlay and protection of
        vegetated and noise buffers to adjacent residences were/would be important factors when
        determining the appropriate development footprint;
     b. There is a long-standing position of Council that it doesn't facilitate development applications
        that drive the need to amend the Planning Scheme.
2. The proposal represents an excessive use of Recreation and Open Space Zone land for an
inconsistent use, and does not adequately achieve the Desired Outcomes for the zone, including
those listed below:
     •    Development does not adversely impact on the Shire’s environmental values or reduce the
          quality of recreational experiences provided by land or waterways within this zone;

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ORDINARY MEETING                                                                      20 JULY 2023


   •   Adverse impacts on ecologically important areas, including natural habitats, bushland,
       wetlands and waterways are avoided or minimised;
   •   Impacts are managed with landscape buffering and appropriate design, siting and operation
       of facilities and infrastructure:
3. The proposal does not adequately manage impacts within areas under the Biodiversity Overlay
and, amongst other things, does not meet Performance Outcome 3 with respect to the following
requirements:
Development is designed and sited to manage adverse impacts on ecologically important areas by:
   a. minimising the total footprint within which all activities, buildings, structures driveways and
      other works are contained;
   b. locating development in existing cleared areas or areas of low ecological value over other
      areas to the greatest extent possible; and
   c. incorporating siting and design measures to protect and retain ecological values and
      ecosystem processes within or adjacent to the development site.
4. A large number of valid planning grounds have been raised by submitters and Council is satisfied
the proposal represents an unacceptable level of impact on the amenity of the locality. Further, the
development exceeds what a community member could reasonably expect as a result of the change
to the Tourism Accommodation Zone when the Noosa Plan 2020 was advertised.
5. A valid submission from Unitywater identifies potential risks and flow on costs associated with the
proposed development of additional sensitive receptors within the Recreation and Open Space Zone
in proximity to the Noosa Sewage Treatment Plant.


5.2. MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – HOME-
BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY, COOTHARABA
(Referred from Planning & Environment Committee Meeting dated 11 July 2023 - Item 5.5)
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 11 July 2023 regarding Application No. MCU22/0120 for a Development Permit for
Material Change of Use - Home-based business (Mechanic), situated at 39 Eucalypt Way,
Cootharaba and defer the matter to the Ordinary Meeting dated 20 July 2023 to allow further
discussion with the applicant regarding the provision of an acoustic report.


5.3. MCU23/0019 - SHORT TERM ACCOMMODATION AT 2A WOONGAR STREET, BOREEN
POINT
(Referred from Planning & Environment Committee Meeting dated 11 July 2023 - Item 5.6)
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 11 July 2023 regarding Application No. MCU23/0019 for a Development Permit for a
Material Change of Use - Short-term accommodation situated at 2a Woongar Street, Boreen Point
and:
   A. Approve the application in accordance with the proposed conditions as outlined in
      Attachment 1 to the Minutes - Final Conditions.
   B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


5.4.   INTEGRATED WATER QUALITY MONITORING PROGRAM - BURGESS CREEK
(Referred from Planning & Environment Committee Meeting dated 11 July 2023 - Item 5.8)

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ORDINARY MEETING                                                                        20 JULY 2023


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
the fact that as President of the Noosa Lions Football Club (NLFC) I have land and water
management responsibilities for approximately 4.5 ha of the Girraween Sports Complex. This
involves the application of mainly organic, slow release and calcium-based fertilisers and herbicide
over what is a sizeable holding in terms of the catchment. The club also uses groundwater for
irrigation and has used surface water and recycled water in the past. The downstream impact of
sports fields are potential risk factors for the quality of surface waters in the catchment. Considering
the volunteer and community nature of my role with NLFC and the fact that the club is not likely to
gain or lose from the proposed monitoring program, I choose to leave the meeting.


In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson inform the meeting that I have a declarable conflict of interest in this matter as my
brother Gabriel Cerasani lives approximately 3 kilometres from Burgess Creek. Also, until recently,
my brother was on the executive of the Eastern Beaches Protection Association who have made
submissions regarding issues with Burgess Creek, including raising a petition on the matter.
Considering recent advice given to Councillors by the Office of Independent assessor, that is, to
exercise an 'abundance of caution', I believe it is prudent to declare a conflict of interest. It is
important to note, that I have taken myself off the CHAP and the Eastern Beaches Foreshore
Management Plan because of my brother’s involvement on the EPBA. An Integrated Catchment
Management Plan for Burgess Creek is not part of the CHAP nor part of CHAP solutions. It is part
of a broader, Noosa Catchment strategy of waterways. What I have been requesting since June
2022, is an analysis and review of environmental monitoring and impacts for the Noosa Sewage
Treatment Plant releases into Burgess Creek and the catchment. Matters regarding Water Quality
Issues affecting Burgess Creek catchment, and environmental impacts of Wastewater Treatment
Plant outflows into the Burgess Creek catchment. Burgess Creek catchment covers roughly 545
hectares, it drains from the back of residential developments in Noosa Head, through bushland and
community facilities near Eenie Creek Road, and then through a Council-managed Bushland
Reserve and National Park. It affects and impacts thousands and thousands of people in the Shire.
The disposal of liquid waste into our waterways, including freshwater, oceans and rivers creates
social and environmental problems for the whole of Noosa Shire. This issue is a significant issue for
the whole community. Water quality has political, environmental, and legal implications for the whole
of shire of council. Many of these implications include risks to Council infrastructure such as
stormwater, open spaces and roads. In October 2022: I moved a Council resolution at the LGAQ
Conference: Regions becoming more Resource Independent through efficient use and re-use of
Wastewater. I called on the LGAQ to advocate to the State Government of Qld to undertake a state-
wide analysis of recycled water reuse that values the protection of local ecosystems and provides
suitable data to assist councils and water authorities and retailers in producing business cases for
water reuse. Supported (almost unanimously). In June 2023, I moved another Council resolution at
the Australian Local Government Association (ALGA) calling 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
   •   Dedicated funding to be 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.
It was carried unopposed by 357 Councils in Australia. Both motions were supported unanimously
by this Council. I have also put forward a motion for Council approval for this year’s LGAQ
Conference in Gladstone calling for LGAQ to advocate to the State for a State Policy on Ocean
Sewerage Outfalls because we need to develop a standard, wastewater diversion targets and

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ORDINARY MEETING                                                                         20 JULY 2023


wastewater recycling and reuse targets that can be replicated across all the States in Australia. I
believe that my intention cannot be questioned. The outcome I am seeking to achieve is:
   •   Cleaner oceans
   •   Cleaner wastewater
   •   Reducing the impact of liquid waste on the environment and communities
   •   Transitioning towards a circular economy for liquid waste
   •   Environmental best practices
For the whole of Noosa Shire. An Integrated Catchment Management Plan for the Burgess Creek
Catchment that will form part of a broader, Noosa Catchment Strategy of waterways will help us plan
to achieve this outcome. For nearly two years this issue has become one of my passion projects. I
have knowledge and expertise that I bring to this table and integrity. Although I have a declarable
COI, I believe I could consider the matter impartially and in the public interest. I 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 Environment Officer – Rivers & Coast to the Planning &
Environment Committee Meeting dated 11 July 2023 and:
   A. Note staff will continue liaising with Unitywater regarding the Burgess Creek STP data and
      aspects of Burgess Creek management;
   B. Continue scoping and development of a Burgess Creek Integrated Catchment Management
      Plan in partnership with Unitywater and key stakeholders;
   C. Note the continued development of Council’s Integrated Water Quality Monitoring Program
      including potential expansion to include additional monitoring sites; and
   D. That this report responds to previous Council Notice of Motions.


5.5. NOOSA ENVIRONMENT STRATEGY - YEAR THREE (2021/2022) IMPLEMENTATION
PLAN ANNUAL UPDATED
(Referred from Planning & Environment Committee dated 11 July 2023 - Item 6.2)
 In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter as in early
2020, I received an electoral donation of $750 from Peregian resident Susan Francis. Susan Francis
is the partner of Peregian resident Barry Cotterell. Mr Cotterell is the president of the Peregian Beach
Community Association (PBCA). The Environment Strategy Update mentions the progress of the
Eastern Beaches Foreshore Reserves Management Plan. The PBCA has provided feedback on the
Eastern Beaches Foreshore Reserves Management Plan. The Office of the Independent Assessor
and legal advice has indicated the Eastern Beaches Foreshore Reserves Management Plan is not
Ordinary Council business because it relates to a specific geographical area and that links to groups
who have made submission to it ought to be declared. Although I nor the PBCA, which is a volunteer
community group, stand to gain personally or materially through noting this report, I make this
declaration out of "an abundance of caution" and commitment to transparency. I believe I can make
an impartial decision in the public interest in this matter and l therefore 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.


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:

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ORDINARY MEETING                                                                        20 JULY 2023


I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as in
early 2020, I received an electoral donation of $500 from Peregian resident Susan Francis. Susan
Francis is the partner of Peregian resident Barry Cotterell. Mr Cotterell is the president of the
Peregian Beach Community Association (PBCA). The Environment Strategy Update mentions the
progress of the Eastern Beaches Foreshore Reserves Management Plan. The PBCA has provided
feedback on the Eastern Beaches Foreshore Reserves Management Plan. The Office of the
Independent Assessor and legal advice has indicated the Eastern Beaches Foreshore Reserves
Management Plan is not Ordinary Council business because it relates to a specific geographical
area and that links to groups who have made submission to it ought to be declared. Although I nor
the PBCA, which is a volunteer community group, stand to gain personally or materially through
noting this report, I make this declaration out of "an abundance of caution" and commitment to
transparency. I believe I can make an impartial decision in the public interest in this matter and l
therefore 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.


In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter because
my brother Gabriel Cerasani, who until recently, was on the Executive of the Eastern Beaches
Protection Association who have made submissions to the Eastern Beaches Foreshore
Management Plan. The report references the Plan as part of the Noosa Environment Strategy.
Although I have a declarable conflict of interest, I do not believe a reasonable person could have a
perception of bias because I believe my brother nor I stand to receive a personal benefit or loss in
relation to this matter. 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 the matter be deferred to the Ordinary Meeting.


6.1.   FINANCIAL PERFORMANCE REPORT – JUNE 2023
That Council note the report by the Manager Financial Services (Acting) to the General Committee
Meeting dated 17 July 2023 outlining the interim 2022/23 full year financial performance against
budget, including key financial sustainability indicators.


Committee Recommendation
That the report of the General Committee Meeting dated 17 July 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.