GENERAL COMMITTEE REPORT - 18 SEPTEMBER 2023 · Committee to Council report

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ORDINARY MEETING                                                                   21 SEPTEMBER 2023


     1. The proposal does not further the SEQ Regional Plan 2017 strategy to intensify or diversify
     on-farm agricultural activities as the proposed permaculture and food production is not of a
     significant scale, largely intended for farm stay guests, will alienate agricultural land and
     compromise the rural production of the land.


     2. The proposal is contrary to the Strategic Framework of the Noosa Plan 2020 as the proposed
     farm stay activity:
        a) Will permanently alienate land that is mapped as agricultural land conservation area and
        will not result in a direct expansion of the site’s agricultural activities.
        b) Will be more than complementary to the agricultural use of the land, as it will be the
        proposal’s primary use.
        c) Is not small scale or fit for its setting comprising 3 villages and a large common communal
        area with access via a small local rural road that currently has little traffic movement.


     3. The proposal is contrary to Overall Outcomes 2(c), (h), (i) & (p), Performance & Acceptable
     Outcomes PO2, AO2.2, AO2.3, PO4 and PO5 of the Rural Zone Code of the Noosa Plan 2020
     as:
        a) The applicant has failed to demonstrate there is an overwhelming Planning need for the
        proposal to be located on land identified for Agricultural Land Conservation and the proposal
        will further alienate land from rural production in the future.
        b) The scale of the farm stay activity is not small scale, and the traffic anticipated to be
        generated would detract from the rural amenity enjoyed by nearby residents.


     4. The proposal is contrary to Performance Outcome PO3 of the Visitor Accommodation Code
     as it is of a scale that is not compatible with the zoning intent and preferred character for the local
     area.


     5. The proposal does not meet PO6 of the Bushfire Hazard Overlay Code as it has not been
     demonstrated that an efficient and safe evacuation route is available to residents and that
     emergency vehicles can access the site.


     6. The proposal is of a significantly different scale and character to the approved golf course
     and permaculture orchard and has a more permanent nature.

B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



6.1.     NOOSA RIVER CATCHMENT MANAGEMENT PLAN

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 long standing connection with Noosa District Landcare as one of the inaugural members of the
unincorporated group dating back to the 1980s and a current ordinary member. Noosa District
Landcare is identified as being consulted in the report. Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias considering the

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ORDINARY MEETING                                                                 21 SEPTEMBER 2023


community nature of this relationship. 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:

I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as I have
a long-standing relationship with MRCCC as a previous government employee and a longterm
collaborator since 1994. I have in the past had a small consultant contract below the limit for a
Prescribed Conflict and prior to the declarable time frame. I was up until the last AGM Council's
representative on the committee and in this role I played a role in facilitating and developing the
group's revised catchment strategy. 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. 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 item 6.1 Noosa River Catchment Management Plan be deferred to the next round of meetings
to allow Councillors and other stakeholders an opportunity to consider the details and implications
of the draft Noosa River Catchment Plan and provide feedback.



6.2.    FINANCIAL PERFORMANCE REPORT – AUGUST 2023

That Council note the report by the Manager Financial Services (Acting) to the General Committee
Meeting dated 18 September 2023 outlining August 2023 year to date financial performance against
budget, including changes to the financial performance report with the inclusion of key financial
sustainability indicators.



6.3.    YEAR IN REVIEW - 2022/23

That Council note the report by the Chief Executive Officer (Acting) to the General Committee
Meeting dated 18 September 2023 providing a review of Council’s progress in the 2022/23 financial
year towards achieving the five key focus areas set out in Council’s Corporate Plan and thank
Council staff for their efforts in the last twelve months to progress so many significant projects and
providing outstanding service to our community.



7.1. CONTRACT NO. CN00209 - CLEANING
OF OPEN SPACE AND PUBLIC AMENITIES

That Council note the report by the Parks & Gardens Coordinator – to the General Committee 18
September 2023 and

A. Award Contract No. CN00209 Cleaning of Open Space and Public Amenities to the contractors
nominated in the Parks & Gardens Coordinator report to the General Committee 18 September 2023.

B. Award Contract No. CN00209 Cleaning of Open Space and Public Amenities for an initial term
of up to two (2) years, commencing 23 October 2023 and expiring 22 October 2025 with an option
to extend for three (3) further periods of up to twelve (12) months each. The option to extend will be
at Council’s own discretion and subject to the Contractor’s ability to meet the requirements under
the Contract.

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ORDINARY MEETING                                                               21 SEPTEMBER 2023



C. Authorise the CEO to negotiate the final contract with the four (4) suppliers as listed.



7.2. PLANNING & ENVIRONMENT COURT
APPEAL NO. D14 OF 2023 – APPLICATION FOR MULTIPLE DWELLING (20 UNITS) -
MCU22/0031 & OPERATIONAL WORKS CLEARING OF VEGETATION - OPW22/0062 AT 11C
CHURCH STREET, POMONA

That Council note the report by the Manager Development & Regulation to the General Committee
Meeting dated 18 September 2023 regarding regarding Planning & Environment Court Appeal No.
D14 0f 2023 and:

A. Agree to settle the appeal generally in accordance with the proposed conditions outlined in
Attachment

B. Include the following property note on the lots:
   1. To ensure the safety of people and property on this property is maintained, all buildings and
      structures must be sited and/or constructed in accordance with the bushfire management
      conditions of Council Approval MCU22/0031 and associated Operational Work approvals.




7.3. 2122Q125 – CONTRACT VARIATION
FOR   PROJECT   MANAGMENT     SERVICES   FOR    2022    FLOOD   RECOVERY
AND RECONSTRUCTION

That Council note the report by the Disaster Reconstruction Coordinator to the General Meeting
Dated 18 September, and endorse the CEO to execute all documents and undertake all things
necessary to:

A. Give effect to the novation of contract 2122Q125 from Erscon Pty Ltd to NorthLane Pty Ltd; and;

B. Increase the value of contract 2122Q125 by $1,236,055.20 (GST exc.) from $2,100,000.00 (GST
exc.) to $3,336,055.20 (GST exc.), and the period until 31 July 2024.



Committee Recommendation
That the report of the General Committee Meeting dated 18 September 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution