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                       AGENDA


            Ordinary Meeting

        Thursday, 17 September 2020

                    commencing at 5pm
           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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Section 2

ORDINARY MEETING AGENDA                                    17 SEPTEMBER 2020


TABLE OF CONTENTS

ITEM                                                                    PAGE

1      ATTENDANCE & APOLOGIES                                               3

2      CONFIRMATION OF MINUTES                                              3

3      MAYORAL MINUTES                                                      3

4      PETITIONS                                                            3

5      NOTIFIED MOTIONS                                                     3

6      PRESENTATIONS                                                        3

7      DEPUTATIONS                                                          3

8      CONSIDERATION OF COMMITTEE RECOMMENDATIONS                           4

       AUDIT & RISK COMMITTEE RECOMMENDATIONS                               4

       PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS                     5

       SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS                    9

       GENERAL COMMITTEE RECOMMENDATIONS                                   11

9      ORDINARY MEETING REPORTS                                            19

       1   COUNCILLOR MEETING ATTENDANCE - LEAVE OF ABSENCE                19

10     CLOSED SESSION                                                21

11     PUBLIC QUESTION TIME                                                21

12     NEXT MEETING                                                        21

13     MEETING CLOSURE                                                     21




                                                                  Page 2 of 21

Section 3

ORDINARY MEETING AGENDA                                                 17 SEPTEMBER 2020



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Special Meeting held on 16 July 2020 be received and confirmed.

    The Minutes of the Ordinary Meeting held on 20 August 2020 be received and confirmed.

    The Minutes of the Special Meeting held on 31 August 2020 be received and confirmed.




3   MAYORAL MINUTES




4   PETITIONS




5   NOTIFIED MOTIONS

    Nil.




6   PRESENTATIONS

    Nil.




7   DEPUTATIONS

    Nil.




                                                                                 Page 3 of 21

Section 4

ORDINARY MEETING AGENDA                                                    17 SEPTEMBER 2020


8    CONSIDERATION OF COMMITTEE RECOMMENDATIONS


AUDIT & RISK COMMITTEE RECOMMENDATIONS
21 AUGUST 2020 - Cr Clare Stewart, Cr Amelia Lorentson, Scott Williams, Tim Cronin


1    QUEENSLAND AUDIT OFFICE BRIEFING PAPER
     That Council note the Briefing Paper provided by the Queensland Audit Office (QAO) to the
     Audit & Risk Committee meeting dated 21 August 2020.


2    2019/20 DRAFT FINANCIAL STATEMENTS AND END OF FINANCIAL YEAR UPDATE
     That Council note the report by the Manager Financial Services to the Audit & Risk Committee
     Meeting dated 21 August 2020 regarding the presentation of the draft financial statements for
     the period ending 30 June 2020.


3    INTERNAL AUDIT
     That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
     dated 21 August 2020 providing an update on internal audit matters and approve the proposed
     new Internal Audit Plan 2020-24 provided as Attachment 2 to the report.


4    RISK MANAGEMENT AND PUBLIC INTEREST DISCLOSURE UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
     dated 21 August 2020 and note the update on risk management and Public Interest
     Disclosures.




Recommendation

The Audit & Risk Committee recommendations dated 21 August 2020 be adopted except where
dealt with or held over by separate resolution.




                                                                                    Page 4 of 21

Section 5

ORDINARY MEETING AGENDA                                                               17 SEPTEMBER 2020


PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
8 SEPTEMBER 2020 - Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart and
Tom Wegener
Other Councillors in attendance: Cr Amelia Lorentson (except for Item 4).


1    132005.1133.13 - PLANNING & ENVIRONMENT COURT APPEAL NO 2097 OF 2020 -
     APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVAL FOR 140
     MULTIPLE DWELLING UNITS & ASSOC FACILITIES - SHOP, RESTAURANT, MULTI-
     FUNCTION ROOM & GYM AT 75 RESORT DRIVE, NOOSA HEADS
     Cr Finzel declared a real conflict of interest in this matter (as defined in section 175D of the Local
     Government Act 2009) due to her relationship with Leigh McCready who is associated with the applicant
     Altum Constructions. Leigh McCready was involved with Cr Finzel’s 2020 Election campaign. Cr Finzel
     advised that she proposed to leave the meeting room for the debate and decision on this matter.
     Cr Stewart declared a perceived conflict of interest in this matter (as defined in section 175D of the Local
     Government Act 2009) due to her friendship with the Applicants Rob and Leigh McCready of Altum
     Constructions. Cr Stewart advised that she proposed to leave the meeting room for the debate and
     decision on this matter.
     Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
     Local Government Act 2009 as he advised that on 24 February 2020 this year he sought a review by
     the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team,
     of which Leigh McCready was publicly identified as a Campaign Manager. Leigh McCready is associated
     with the applicant, Altum Constructions. Cr Stockwell requested to remain in the meeting room for the
     debate and decision on this matter.
     The Planning & Environment Committee was unable to deal with this matter due to the majority
     of Councillors declaring conflicts of interest resulting in the Planning and Environment
     Committee not having a quorum. The matter was referred by the Chief Executive Officer to the
     General Committee for consideration.


2    RAL19/0011 - PLANNING & ENVIRONMENT COURT APPEAL NO. D7/2020 - REFUSAL
     OF APPLICATION TO SUBDIVIDE 120, 126 AND 138 HAPPY JACK CREEK ROAD,
     RIDGEWOOD
     Committee Recommendation
     Moved:              Cr Stewart
     Seconded:           Cr Wegener
     That Council note the report by the Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 8 September 2020 regarding Planning & Environment
     Appeal No. D7/2020 and:
     A.    Agree to settle the appeal generally in accordance with the following conditions:
           PLANNING
                  When Conditions Must Be Complied With
           1.     Unless otherwise stated, all works required by the conditions of this Decision
                  Notice must be completed prior to submission of the subdivision plan to Council for
                  plan sealing.
                  Approved Plans
           2.     Development undertaken in accordance with this approval must generally comply
                  with the approved plans of development. The approved plans are listed in the
                  following table unless otherwise amended by these conditions.


                                                                                                 Page 5 of 21

Section 6

ORDINARY MEETING AGENDA                                                    17 SEPTEMBER 2020



                   Plan No.   Rev.   Plan/Document Name                            Date

                   61948/B    -      Plan of Development – Proposed Boundary       4 August 2020
                                     Realignment between Lots 480 & 481 on
                                     MCH524 & lot 528 on MCH1930

        3.    All lot numbering on the subdivision plan to be submitted to Council for compliance
              assessment must remain as shown on the Approved Plans.
              Currency Period
        4.    The Currency Period for this development approval lapses if all conditions have
              not been complied with, and the plan of survey lodged with Council for
              endorsement by 31 August 2024, unless an application to extend the currency
              period is approved by Council.
              Building and Effluent Envelope (Lot 2)
        5.    The applicant must prepare a metes and bounds building and effluent envelope
              plan indicating a House site area and effluent disposal area for Lot 2. The areas
              must be in accordance with the Approved Plan. The plans must be submitted in
              both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The
              applicant must submit the plans to Council for approval prior to the endorsement
              of the Plan of Survey.
        6.    The future dwelling on Lot 2 must be sited and constructed in accordance with the
              approved building and effluent envelope shown on the Approved Plans. A copy of
              the approved plan of development must be included in the contract of sale for Lot
              2, together with a clause which requires the future dwelling to be constructed in
              accordance with it.
        ENGINEERING
              Property Access and Driveways
        7.    A residential driveway must be constructed to Lot 2. The works must be undertaken
              in conjunction with any subsequent building approval and the access must be:
              a.      generally in accordance with Council’s standard drawing RS-056 and any
                      associated addendum, and
              b.      located in that part of the frontage above the 0.05%AEP level.
        8.    A residential driveway must be constructed to Lot 1. The works must be undertaken
              in conjunction with any subsequent building approval and the access must be
              generally in accordance with Council’s standard drawing RS-056 and any
              associated addendum
              Stormwater Drainage
        9.    Stormwater runoff from the development must be disposed of on-site without
              causing scour or damage to the subject site or any adjoining property.
              Electricity and Telecommunication Services
        10.   Electricity and telecommunication services must be provided to each lot in
              accordance with the standards and requirements of the relevant service provider.
        11.   Unless otherwise stipulated by telecommunications legislation at the time of
              construction, the development must be provided with all necessary conduits, pits
              and pipes to accommodate the future connection of optic fibre technology
              telecommunications.



                                                                                       Page 6 of 21

Section 7

ORDINARY MEETING AGENDA                                                      17 SEPTEMBER 2020


         12.    Certification must be submitted to Council from all relevant service providers which
                certifies that the development has met the requirements of this Decision Notice
                and all applicable legislation at the time of construction.
                Damage to Services and Assets
         13.    Any damage caused to existing services and assets as a result of the development
                works must be repaired at no cost to the asset owner at the following times:
                a.    where the damage would cause a hazard to pedestrian or vehicle safety,
                      immediately; or
                b.    where otherwise, upon completion of the works associated with the
                      development.
                Any repair work which proposes to alter the alignment or level of existing services
                and assets must first be referred to the relevant service authority for approval.
                Upgrade of Bridge Signage
         14.    A 24 tonne load limit sign and 10km / hr sign must be installed in a suitable location
                at both ends of the bridge in Crawfords Road. The signage must be in accordance
                with the Manual of Uniform Traffic Control devices and installed prior to the
                endorsement of the Plan of Survey.
                Infrastructure Agreement
         15.    The Applicant/Owner shall comply with the terms of any Infrastructure Agreement
                applying to the land.
    B.   Agree to enter into an Infrastructure Agreement with the appellant that provides for a
         contribution to be paid to Council for improvements to the existing bridge in Crawfords
         Road.
                                                                          Carried unanimously.


3   MCU11/0266.03 REQUEST FOR EXTENSION TO CURRENCY PERIOD FOR A
    DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES FOR OFFICE,
    RESTAURANT & SHOP AT 6 HERON STREET, PEREGIAN BEACH
    Committee Recommendation
    Moved:            Cr Stewart
    Seconded:         Cr Stockwell
    That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
    due to the significance of the issue.
                                                                       Carried unanimously.



4   51988.2849.03 - MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR A MULTIPLE
    DWELLING OF 20 UNITS, 8 SHOPS AND 2 RESTAURANTS - 49 HASTINGS STREET,
    NOOSA HEADS
    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Stewart
    That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
    for further consideration.
                                                                       Carried unanimously.


                                                                                        Page 7 of 21

Section 8

ORDINARY MEETING AGENDA                                                 17 SEPTEMBER 2020


5    NOOSA PLAN 2020 - ADMINSTRATIVE AMENDMENT NO.1
     Committee Recommendation
     Moved:          Cr Stewart
     Seconded:       Cr Wegener
     That Council note the report by the Director Environment & Sustainable Development to the
     Planning and Environment Committee Meeting dated 8 September 2020 and:
     A.   Adopt the Noosa Plan 2020 – Administrative Amendment No.1 as per attachments 1 and
          2 of the report;
     B.   Delegate the CEO to make any further Administrative Amendments necessary to Noosa
          Plan 2020;
     C.   Set a date of Friday 25 September 2020 for commencement of the amended scheme;
     D.   Publicly notify adoption of the amendment in accordance with requirements of the
          Planning Act; and
     E.   Provide the Chief Executive for Treasury – Development and Planning Services with a
          copy of the public notice and a certified copy of the administrative amendment.
                                                                        Carried unanimously.


6    NOOSA ENVIRONMENT STRATEGY - IMPLEMENTATION YEAR ONE ANNUAL UPDATE
     Committee Recommendation
     Moved:          Cr Stockwell
     Seconded:       Cr Wegener
     That Council note the report by the Environmental Services Manager to the Planning &
     Environment Committee Meeting dated 8 September 2020 providing the year 1 annual
     progress report on implementation of the Environment Strategy.
                                                                    Carried unanimously.


7    PEREGIAN DIGITAL HUB - FULL YEAR REPORT TO 30 JUNE 2020
     Committee Recommendation
     Moved:          Cr Stewart
     Seconded:       Cr Wegener
     That Council note the report by the Economic Development Manager to the Planning and
     Environment Committee Meeting dated 8 September 2020 providing a full year report on the
     performance and activities of The Hub for the period 1 July 2019 to 30 June 2020.
                                                                           Carried unanimously.



Recommendation

The Planning & Environment Committee recommendations dated 8 September 2020 be adopted
except where dealt with or held over by separate resolution.




                                                                                  Page 8 of 21

Section 9

ORDINARY MEETING AGENDA                                                 17 SEPTEMBER 2020


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
8 SEPTEMBER 2020 - Crs Joe Jurisevic (Chair), Amelia Lorentson, Frank Wilkie and
Clare Stewart
Other Councillors in attendance: Crs Karen Finzel and Tom Wegener


1    2020 DELEGATIONS OF AUTHORITY ANNUAL REVIEW
     Committee Recommendation
     Moved:          Cr Stewart
     Seconded:       Cr Wilkie
     That Council note the report by the Governance Officer to the Services & Organisation
     Committee Meeting dated 8 September 2020 and adopt:
     A.   New Delegations - Pursuant to section 257 of the Local Government Act 2009, to
          delegate the powers of the Local Government outlined in the Delegations of Authority,
          as provided at Attachment 1 to the Report, to the Chief Executive Officer of Council;
     B.   Updated Delegations - Pursuant to section 257 of the Local Government Act 2009, to
          delegate the powers of the Local Government outlined in the Delegations of Authority
          provided at Attachment 2 the Report, to the Chief Executive Officer of Council; and
     C.   Unchanged Delegations - Pursuant to section 257 of the Local Government Act 2009, to
          delegate the powers of the Local Government outlined in the Delegations of Authority
          provided at Attachment 3 to the Report, to the Chief Executive Officer of Council.
                                                                        Carried unanimously.


2    NOOSA LEISURE CENTRE (NLC) - FULL YEAR REPORT TO 30 JUNE 2020
     Committee Recommendation
     Moved:             Cr Lorentson
     Seconded:          Cr Wilkie
     That Council note the report by the Noosa Leisure Centre Coordinator to the Services &
     Organisation Committee meeting dated 8 September 2020, providing an update on the
     activities of the Noosa Leisure Centre for the 2019/20 financial year.
                                                                        Carried unanimously.


3    NOOSA AQUATIC CENTRE (NAC) - FULL YEAR REPORT TO 30 JUNE 2020
     Committee Recommendation
     Moved:             Cr Lorentson
     Seconded:          Cr Stewart
     That Council note the report by the Noosa Aquatic Centre Coordinator to the Services &
     Organisation Committee meeting dated 8 September 2020, providing an end of year update
     on the activities of the Noosa Aquatic Centre for the 2019/20 financial year.
                                                                        Carried unanimously.




                                                                                  Page 9 of 21

Section 10

ORDINARY MEETING AGENDA                                                           17 SEPTEMBER 2020


4    THE J - FULL YEAR REPORT TO 30 JUNE 2020
     Committee Recommendation
     Moved:             Cr Wilkie
     Seconded:          Cr Stewart
     That Council note the report by The J & Bicentennial Community Centre Coordinator to the
     Services & Organisation Committee meeting dated 8 September 2020, providing an update on
     the activities of The J for the 2019/20 financial year.
                                                                                 Carried unanimously.


5    BICENTENNIAL COMMUNITY CENTRE (BCC) FULL YEAR REPORT TO 30 JUNE 2020
     Cr Wilkie declared a real conflict of interest in this matter (as defined in section 175D of the Local
     Government Act 2009) due to his position as the Secretary of the Noosa Gymnastics Club. Cr Wilkie
     left the meeting room for the debate and decision on this matter.
     Committee Recommendation
     Moved:              Cr Stewart
     Seconded:           Cr Lorentson
     That Council note the report by The J & Bicentennial Community Centre Coordinator to the
     Services & Organisation Committee meeting dated 8 September 2020, providing an update on
     the activities of the Bicentennial Community Centre for the 2019/20 financial year.
                                                                                 Carried unanimously.
     Cr Wilkie returned to the meeting.



6    NOOSA COMMUNITY SUPPORT (NCS) - FULL YEAR REPORT TO 30 JUNE 2020
     Committee Recommendation
     Moved:            Cr Wilkie
     Seconded:         Cr Lorentson
     That Council note the report by the Noosa Community Support Coordinator to the Services &
     Organisation Committee meeting dated 8 September 2020, providing an update on the
     activities of Noosa Community Support for the 2019/20 financial year.
                                                                                 Carried unanimously.




Recommendation

The Services & Organisation Committee recommendations dated 8 September 2020 be adopted
except where dealt with or held over by separate resolution.




                                                                                           Page 10 of 21

Section 11

ORDINARY MEETING AGENDA                                                              17 SEPTEMBER 2020


GENERAL COMMITTEE RECOMMENDATIONS
14 SEPTEMBER 2020 - Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic,
Amelia Lorentson, Clare Stewart, Brian Stockwell and Tom Wegener


1   132005.1133.13 - PLANNING & ENVIRONMENT COURT APPEAL NO 2097 OF 2020 -
    APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVAL FOR 140
    MULTIPLE DWELLING UNITS & ASSOC FACILITIES - SHOP, RESTAURANT, MULTI-
    FUNCTION ROOM & GYM AT 75 RESORT DRIVE, NOOSA HEADS
    Cr Finzel declared a real conflict of interest in this matter (as defined in section 175D of the Local
    Government Act 2009) due to her relationship with Leigh McCready who is associated with the applicant
    Altum Constructions. Leigh McCready was involved with Cr Finzel’s 2020 Election campaign. Cr Finzel
    left the meeting room for the debate and decision on this matter.
    Cr Stewart declared a perceived conflict of interest in this matter (as defined in section 175D of the Local
    Government Act 2009) due to her friendship with the Applicants Rob and Leigh McCready of Altum
    Constructions. Cr Stewart left the meeting room for the debate and decision on this matter.
    Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
    Local Government Act 2009 as he advised that on 24 February 2020 this year he sought a review by
    the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team,
    of which Leigh McCready was publicly identified as a Campaign Manager. Leigh McCready is associated
    with the applicant, Altum Constructions. Cr Stockwell believed that he could consider this item impartially
    and in the public interest and requested to remain in the meeting room to participate in the debate and
    vote on this matter.
    Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
    consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
    may participate in the meeting for the debate and vote on this matter or whether he must leave the
    meeting for the debate and vote on this matter.
    Committee Resolution
    Moved:              Cr Jurisevic
    Seconded:           Cr Wegener
    That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
    represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
    room to participate in the debate and vote on this matter.
                                                                                     Carried unanimously.
    Cr Stockwell did not vote on the above motion.


    Committee Recommendation
    Moved:              Cr Jurisevic
    Seconded:           Cr Lorentson
    That Council note the report by the Manager Development Assessment to the Planning &
    Environment Committee Meeting dated 8 September 2020 regarding Planning & Environment
    Court Appeal 2097 of 2020 and agree to defend the appeal.
                                                                                     Carried unanimously.
    Cr Stockwell voted in favour of the motion.
    Crs. Finzel and Stewart returned to the meeting.




                                                                                               Page 11 of 21

Section 12

ORDINARY MEETING AGENDA                                                    17 SEPTEMBER 2020


2   MCU11/0266.03 REQUEST FOR EXTENSION TO CURRENCY PERIOD FOR A
    DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES FOR OFFICE,
    RESTAURANT & SHOP AT 6 HERON STREET, PEREGIAN BEACH
    Committee Recommendation
    Moved:             Cr Stockwell
    Seconded:          Cr Jurisevic
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 8 September 2020 regarding Application No. MCU11/0266.03 for
    an extension to the currency period for a Development Permit for Material Change of Use for
    Business Type 1 Office, Entertainment and Dining Business Type 1 Food & Beverage & Retail
    Business Type 2 Shop & Salon, situated at 6 Heron Street, Peregian Beach and:
    A.   Refuse to extend the currency period for the following reasons:
         1.   The proposed development is contrary to the Overall Outcomes 7.7.2 g), jj) and
              oo) and Specific Outcomes O6 and O12 of the Eastern Beaches Locality Code of
              the Noosa Plan 2006 as:
              i.    The proposed development does not incorporate a pitched or curved roof
                    form, exceeds the maximum plot ratio for the Neighbourhood Centre Zone
                    and results in a building scale which is not compatible with surrounding
                    development and which presents an appearance of excessive bulk to
                    adjacent properties, roads and the village green.
         2.   The proposed development is contrary to the Purpose, Overall Outcomes and
              Performance Outcomes PO11 and PO12 of the Local Centre Zone of the Noosa
              Plan 2020 as:
              i.    The proposed development is not small in scale in the context of Peregian
                    Beach village, exceeding the maximum plot ratio of the site and will result in
                    a building which is not compatible with the scale of surrounding development
                    and presents a bulky appearance adjacent properties, roads and the village
                    green.
              ii.   The proposed development does not provide a 2 metre setback to the village
                    green and maintain the visual continuity and pattern of buildings fronting the
                    village green and consequently will impact on the area’s amenity.
         3.   The proposed development is contrary to the Purpose and Overall Outcomes and
              the Performance Outcome PO3, PO7 and PO10 of the Coastal Communities Local
              Plan Code of the Noosa Plan 2020 as:
              i.    The proposal does not retain and enhance the built form of streetscape
                    character of the centre as the scheme has excessive plot ratio and site cover,
                    and proposes inadequate setbacks to the village green.
                ii.    The proposed development does not provide varied roof forms and variations
                       in projected and recessed elements and facades.
                iii.   The proposed development does not respect the scale and character of
                       development on adjoining sites and is not sympathetic to the coastal village
                       character of the local centre.
         4.     It is unlikely the proposed development can proceed as approved as it makes no
                allowance for equitable access to level 1 and the roof terrace contrary to the
                Building Code of Australia and the Disability Discrimination Act 1992.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                           Carried unanimously.




                                                                                    Page 12 of 21

Section 13

ORDINARY MEETING AGENDA                                                             17 SEPTEMBER 2020


3   51988.2849.03 - MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR A MULTIPLE
    DWELLING OF 20 UNITS, 8 SHOPS AND 2 RESTAURANTS - 49 HASTINGS STREET,
    NOOSA HEADS
    Cr Lorentson declared a perceived conflict of interest in this matter (as defined in section 175D of the
    Local Government Act 2009) as during the 2020 election campaign, Cr Lorentson’s election material
    was displayed at this property. Cr Lorentson advised that she does not have a personal relationship with
    the applicant however her brother has had a prior business relationship with the applicant that ended 3
    years ago. Cr Lorentson also advised that her husband has undertaken work at the business as an
    employee of Page Furnishers. Cr Lorentson believed that she could consider this item impartially and
    in the public interest and requested to remain in the meeting room to participate in the debate and vote
    on this matter.
    Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
    consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Lorentson
    may participate in the meeting for the debate and vote on this matter or whether she must leave the
    meeting for the debate and vote on this matter.
    Committee Resolution
    Moved:              Cr Wilkie
    Seconded:           Cr Stewart
    That Councillors note the perceived conflict of interest declaration of Cr Lorentson and resolve that this
    represents a perceived conflict of interest in this matter and Cr Lorentson may remain in the meeting
    room to participate in the debate and vote on this matter.
                                                                                      Carried unanimously.
    Cr Lorentson did not vote on the above motion.

    Committee Recommendation
    Moved:              Cr Wilkie
    Seconded:           Cr Stewart
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 8 September 2020 regarding Application No. 51988.2849.03 to
    make a minor change to an existing approval for Multiple Dwelling of 20 units, 8 Shops and 2
    Restaurants situated at Noosa On The Beach, 49 Hastings Street Noosa Heads and:
    A.    Approve the change.
    B.    Include the following additional conditions:
          Additional conditions – 8 September 2020
                 Approved Plans
          1.     Development authorised by this approval must be undertaken generally in
                 accordance with the Approved Plans. The approved plans are listed in the following
                 table and may be amended by these conditions and annotations on the plans.
                 Plan No.        Rev    Plan Name – Prepared by                                Date
                 A002            Q      Existing Façade,      prepared   by    Kings   Lane    05/02/2020
                                        Architects
                 A100            Q      Proposed Refurbishment, prepared by Kings Lane         05/02/2020
                                        Architects
                                        As annotated by Council
                 A101            Q      Proposed GR FLR Refurbishment, prepared by             05/02/2020
                                        Kings Lane Architects
                                        As annotated by Council
                 A104            Q      Proposed Areas,       prepared    by   Kings   Lane    05/02/2020
                                        Architects


                                                                                              Page 13 of 21

Section 14

ORDINARY MEETING AGENDA                                                    17 SEPTEMBER 2020


              A300           Q      Proposed Section, prepared by Kings Lane           12/02/2020
                                    Architects
              A310           Q      Proposed Elevations, prepared by Kings Lane        05/02/2020
                                    Architects
              A800           Q      Proposed Perspective 01, prepared by Kings Lane    05/02/2020
                                    Architects
              A801           Q      Proposed Perspective 02, prepared by Kings Lane    05/02/2020
                                    Architects
              LD 01          C      Landscape Design, prepared by Environmental        3 February
              Sheet 1 of 4          Landscape Planning                                 2020
              LD 02          C      Landscape Design, prepared by Environmental        3 February
              Sheet 2 of 4          Landscape Planning                                 2020
              LD 03          C      Landscape Design, prepared by Environmental        3 February
              Sheet 3 of 4          Landscape Planning                                 2020
              LD 04          C      Landscape Design, prepared by Environmental        3 February
              Sheet 4 of 4          Landscape Planning                                 2020

              Nature and Extent of Approved Use
        2.    The area to be used for outdoor dining is limited to 14.1m2 of use area.
        3.    No works or storage of materials is to occur within The Parade, unless authorised
              by a further permit.
              Landscaping
        4.    The development site must be landscaped in accordance with the Approved Plans.
        5.    The existing Pandanus trees located within the raised garden beds must be
              retained in accordance with the Approved Plans. A Qualified Person* must be
              engaged for the duration of the works to:
              a.     Supervise tree protection within the development site and frontages, prior to,
                     during and following construction in accordance with AS 4970, Protection of
                     trees on development sites.
              b.     Provide Council with certification and photographic report on supervising
                     construction works within the tree protection zone of the retained Pandanus
                     trees, following the completion of the approved works.
        6.    All landscape works must be established and maintained in accordance with the
              approved design for the life of the development, and in a manner that ensures
              healthy, sustained and vigorous plant growth. All plant material must be allowed
              to grow to full form and be refurbished when its life expectancy is reached.
        7.    All landscape works must be maintained generally in accordance with the
              approved design for the life of the development.
        8.    No signage is to be located within the landscaped areas.
              Damage to infrastructure
        9.    Any damage to footpaths, street plantings, natural vegetation/trees kerb and
              channel, bridges or roadways must be repaired or reinstated to at least pre-existing
              conditions.
        10.   Where damage occurs to any Council asset as a result of the landscaping works,
              the damage must be repaired immediately where it creates a hazard that presents
              risk to person or property. Non-hazardous damage must be repaired prior to
              completion of works.


                                                                                      Page 14 of 21

Section 15

ORDINARY MEETING AGENDA                                                      17 SEPTEMBER 2020


               Car Parking
         11.   The applicant must comply with the requirements of any Infrastructure Agreement
               entered into with the Council with respect to the payment of car parking
               contributions in relation to the proposed development. In the event that the
               Infrastructure Agreement does not apply a minimum of one car parking space must
               be provided and marked on the site and made available and accessible at all times
               while the use is open for business.
         12.   A retaining wall must be maintained for the full length of the property to main beach
               with removable flood gates installed or available for installation prior to any
               significant coastal storm event to each entry point. These structures must be
               designed to mitigate the impact of wave overtopping of the Council controlled
               beach seawall during a significant event. Certification must be submitted to
               Council from a RPEQ which certifies that these structures meet the requirements
               of this condition.
    C.   Include the following new Advisory Note:
         Qualified Person
         1.    A Qualified Person, for the purpose of:
               a.    Undertaking, supervising tree works and preparing arboriculture certification,
                     is considered to be a person with a minimum three years current experience
                     in tree protection, hazard identification/mitigation assessment and either:
                     i.    International Society of Arboriculture (ISA) certification; or
                     ii.   A Diploma of Arboriculture.
    D.   Agree to enter into an Infrastructure Agreement with the applicant that provides for
         contributions in lieu of one onsite car parking space.
    E.   Find the following matters relevant to the assessment and sufficient reason to approve
         the application:
         1.    The proposal complies with the Overall Outcomes of the Noosa Heads Locality
               Code as the development will provide for entertainment and dining premises,
               providing interest for visitors and residents accommodated in the immediate area,
               whilst outdoor dining facilitates a vibrant pedestrian friendly streetscape;
         2.    The development is consistent with the bulk and scale of buildings within proximity
               to the subject site, presenting an improved, high quality built form and landscaping
               along The Parade, and providing a direct link to Main Beach.
    F.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    G.   Note the application was lodged under the Noosa Plan 2006, which was superseded by
         the Noosa Plan 2020, which commenced on 31 July 2020. All references to the ‘Noosa
         Plan’ or ‘the planning scheme’ within the assessment report is in reference to the now
         superseded Noosa Plan 2006.

    For:       Crs. Wilkie, Lorentson, Stewart, Jurisevic and Finzel
    Against:   Crs. Wegener and Stockwell
                                                                                            Carried.




                                                                                      Page 15 of 21

Section 16

ORDINARY MEETING AGENDA                                                    17 SEPTEMBER 2020


4   PROPOSED LEASE OF COOROY DATA CENTRE AT 11A MAPLE STREET, COOROY
    Committee Recommendation
    Moved:           Cr Jurisevic
    Seconded:        Cr Lorentson
    That Council note the report by the Property Advisor to the General Committee Meeting dated
    14 September 2020 regarding the lease on Council’s Cooroy Data Centre premises at 11A
    Maple Street and:
    A.   Agree to enter a commercial lease of the premises to OneQode Assets Pty Ltd as
         generally outlined in the report; and
    B.   Agree to negotiate and enter a licence for an associated wireless internet
         telecommunications mast on the adjacent Cooroy Butter Factory rooftop.
                                                                           Carried unanimously.

5   NOOSA NORTH SHORE BEACH CAMPGROUND – PROPOSED INTERIM MANAGEMENT
    AGREEMENT
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Stewart
    That Council note the report by the Property Advisor Commercial Property to the General
    Committee Meeting dated 14 September 2020 and:
    A.   Authorise the CEO to enter into an interim management agreement for the Noosa North
         Shore Beach Campground with 1Eight Pty Ltd for 6 months commencing 1 October 2020
         with an additional 1 x 1 month extension option at Council’s sole discretion; and
    B,   Apply the exception to the requirement under Section 235 (a) of the Local Government
         Regulation 2012 for entering into a contract for goods and services without first inviting
         written quotes or tenders if satisfied that there is only 1 supplier who is reasonably
         available.; and
    C.   Further, staff undertake a detailed induction of the new manager to identify the key
         environmental attributes and sensitive sites and to outline visitor management
         expectations to ensure the park and adjoining dunal system is managed in line with
         environmental best practice.
                                                                           Carried unanimously.

6   TENDER T0000017 - STREET SWEEPING SERVICES
    Committee Recommendation
    Moved:           Cr Jurisevic
    Seconded:        Cr Stewart
    That Council note the report by the Works Coordinator to the General Committee Meeting
    dated 14 September 2020 and:
    A.   Award tender T000017 Street Sweeping Services to Specialised Pavement Services Pty
         Ltd;
    B.   Award the contract for an initial term of two (2) years, with an option to extend for one
         (1) term of up to twelve (12) months. 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.
                                                                           Carried unanimously.

                                                                                    Page 16 of 21

Section 17

ORDINARY MEETING AGENDA                                                             17 SEPTEMBER 2020


7   NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – ANNUAL REPORT
    NO. 1 AND OUTCOMES OF INDEPENDENT REVIEW OF MONITORING AND
    EVALUATION PLAN
    Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
    Local Government Act 2009) due to the fact as a Sole Trader in his business Watershed Australia, he
    subcontracted Eberhard Consulting as part of a consulting project he did for the Queensland
    Government in 2016 reviewing and developing the monitoring and evaluation of the Reef Plan Best
    Management Program. Cr Stockwell believed that he could consider this item impartially and in the
    public interest and requested to remain in the meeting room to participate in the debate and vote on this
    matter.
    Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
    consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
    may participate in the meeting for the debate and vote on this matter or whether he must leave the
    meeting for the debate and vote on this matter.
    Committee Resolution
    Moved:             Cr Jurisevic
    Seconded:          Cr Stewart
    That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
    represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
    room to participate in the debate and vote on this matter.
                                                                                     Carried unanimously.
    Cr Stockwell did not vote on the above motion.

    Committee Recommendation
    Moved:             Cr Stockwell
    Seconded:          Cr Jurisevic
    That Council note the report by the Environmental Services Manager to the General Committee
    Meeting dated 14 September 2020 and approve the Noosa River Oyster Project: Annual
    Report No. 1 (provided as Attachment 1 to the report) as meeting the requirements of the
    Alliance & Funding Agreement.

    For:         Crs. Wegener, Stockwell, Jurisevic and Wilkie
    Against:     Crs. Stewart, Finzel and Lorentson
                                                                                                    Carried.


8   USE OF LIONS PARK NOOSA HEADS FOR CAR PARKING
    Committee Recommendation
    Moved:             Cr Stewart
    Seconded:          Cr Jurisevic
    That Council note the report by the Project Manager Transport Innovation to the General
    Committee Meeting dated 14 September 2020 and:
    A.    Approve the use of the Noosa Heads Lions Park Reserve for paid car parking over
          2020/21 Christmas holiday period from 14 December 2020 to 27 January 2021 with
          delegation to the CEO to reduce the days subject to weather and advice from the Council
          COVID Safe team;
    B.    Approve the use of the Noosa Heads Lions Park Reserve for paid car parking over 2021
          Easter holiday period from 2 April 2021 to 18 April 2021 with delegation to the CEO to
          reduce the days subject to weather and advice from the Council COVID Safe team; and



                                                                                             Page 17 of 21

Section 18

ORDINARY MEETING AGENDA                                                    17 SEPTEMBER 2020


    C.   Approve the one-off use of the Noosa Heads Lions Park Reserve for paid car parking
         over the 2020 September holiday period from 19 September 2020 to 5 October 2020
         with delegation to the CEO to reduce the days subject to weather and advice from the
         Council COVID Safe team; and
    C.   Consult with the community on the use of the Noosa Heads Lions Park Reserve for paid
         car parking on long weekends and all school holidays only during the period of the
         COVID pandemic.
    D.   Write to the Department of Natural Resources, Mines and Energy and seek Ministerial
         Approval for an inconsistent secondary use of the Noosa Heads Lions Park (Lot 117 on
         SP108103) for paid car parking during school holidays and long weekends for the period
         of the public health declaration for the COVID-19 pandemic; and
    E.   That an amount equivalent to 50% of Council’s share of the ‘profit’ from car parking in
         the Noosa Heads Lions Park Reserve be held ‘in reserve’ and allocated to recreational
         improvements in Lions park for residents and visitors alike, noting that the term ‘profit’
         refers to Council’s share of the revenue less costs associated with rectifying any
         damage/impact from parking on the reserve, the hire of temporary fencing to protect
         children at the playground & BBQ area, parking signage at Lions Park, the printing of
         tickets and the use of traffic control to assist in the movement of pedestrians from Lions
         Park.

    For:        Crs. Wegener, Stockwell, Stewart, Jurisevic, Finzel and Lorentson
    Against:    Cr Wilkie
                                                                                          Carried.



9   FINANCIAL PERFORMANCE REPORT – AUGUST 2020
    Committee Recommendation
    Moved:           Cr Jurisevic
    Seconded:        Cr Finzel
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 14 September 2020 outlining August 2020 year to date financial performance
    against budget, including performance against key financial sustainability indicators.
                                                                           Carried unanimously.




Recommendation

The General Committee recommendations dated 14 September 2020 be adopted except where
dealt with or held over by separate resolution.




                                                                                    Page 18 of 21

Section 19

ORDINARY MEETING AGENDA                                                       17 SEPTEMBER 2020


9    ORDINARY MEETING REPORTS


1    COUNCILLOR MEETING ATTENDANCE - LEAVE OF ABSENCE

Author            Chief Executive Officer, Brett de Chastel
                  CEO’s Office

Index             ECM/ Subject/ Council Meetings General

Attachments       Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary meeting dated 17
September 2020 and agree to provide Cr Finzel with a leave of absence for the Ordinary Meeting of
17 September 2020.



REPORT
Section 162(1)(e)(ii) of the Local Government Act 2009 states that “a councillor’s office becomes
vacant if the councillor is absent from 2 or more consecutive ordinary meetings of the local
government over a period of at least 2 months, unless the councillor is absent with the local
government’s leave”.

Section 162(1) of the Act is provided below by way of background information:

162 When a councillor’s office becomes vacant
(1) A councillor’s office becomes vacant if the councillor—
    (a) ceases to be qualified to be a councillor under division 1; or
    (b) is found, on a judicial review, to be ineligible to continue to be a councillor; or
    (c) does not comply with section 169; or
    (d) ceases to be a councillor under section 172; or
    (e) is absent from 2 or more consecutive ordinary meetings of the local government over a
         period of at least 2 months, unless the councillor is absent—
         (i)    in compliance with an order made by the conduct tribunal, the local government or
                the chairperson of a meeting of the local government or a committee of the local
                government; or
         (ii) with the local government’s leave; or
         (iii) while the councillor is suspended under section 122, 123 or 175K; or
    (f)  resigns as a councillor by signed notice of resignation given to the chief executive officer;
         or
    (g) dies; or
    (h) becomes a local government employee.


                                                                                       Page 19 of 21

Section 20

ORDINARY MEETING AGENDA                                                     17 SEPTEMBER 2020


Cr Finzel was absent from the Ordinary meeting held on 20 August 2020 due to a bereavement in
her family.

Cr Finzel has advised that she will be absent from the Ordinary meeting to be held on 17 September
2020 due to family reasons associated with the recent bereavement in her family.

In the circumstances, it is appropriate to provide Cr Finzel with a leave of absence from the 17
September 2020 Ordinary meeting.

Previous Council Consideration
Nil.

Finance
Nil.

Risks & Opportunities
Nil

Consultation
External Consultation - Community & Stakeholder
Nil.

Internal Consultation
Cr Finzel

Departments/Sections Consulted:

 X     Chief Executive Officer    Community Services                      Corporate Services
       Executive Officer          Director                                Director
       Executive Support          Community Development                   Financial Services
                                  Community Facilities                    ICT
                                  Libraries & Galleries                   Procurement & Fleet
                                  Local Laws                              Property
                                  Waste & Environmental Health            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




                                                                                       Page 20 of 21

Section 21

ORDINARY MEETING AGENDA                                                   17 SEPTEMBER 2020


10   CLOSED SESSION

     Nil.




11   PUBLIC QUESTION TIME

     Nil.




12   NEXT MEETING

     The next Ordinary Meeting will be held on 15 October 2020 at the Council Chambers, 9 Pelican
     Street, Tewantin commencing at 5pm.




13   MEETING CLOSURE




                                                                                  Page 21 of 21

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