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2021-12-13 General Committee Meeting Minutes

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                       MINUTES


             General
         Committee Meeting


         Monday, 13 December 2021
                                10am
         Council Chambers, 9 Pelican Street, Tewantin



Committee:   Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
             Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener



                    “Noosa Shire – different by nature”
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Section 2

GENERAL COMMITTEE MEETING MINUTES                                           13 DECEMBER 2021



1.   ATTENDANCE & APOLOGIES
     COUNCILLORS
     Cr Frank Wilkie
     Cr Karen Finzel
     Cr Joe Jurisevic
     Cr Amelia Lorentson
     Cr Clare Stewart
     Cr Brian Stockwell
     Cr Tom Wegener

     EXECUTIVE
     L Sengstock, Acting Chief Executive Officer & Director Infrastructure Services
     L Jensen, Acting Director Environment & Sustainable Development
     T Grauf, Acting Director Corporate Services (for Items 5, 6 & 11)
     D Iezzi, Director Executive Services (for Item 8, 10)
     K Contini, Director Community Services (for Item 7-8)

     APOLOGIES
     Nil


     The meeting commenced at 10.01am.



2.   CONFIRMATION OF MINUTES
     Committee Resolution
     Moved:          Cr Stewart
     Seconded:       Cr Finzel
     The Minutes of the General Committee Meeting held on 15 November 2021 be received and
     confirmed.
                                                                     Carried unanimously.




3.   PRESENTATIONS

     Nil.




4.   DEPUTATIONS

     Nil.




                                                                                      Page 2 of 19

Section 3

GENERAL COMMITTEE MEETING MINUTES                                             13 DECEMBER 2021


9   DRAFT ECONOMIC DEVELOPMENT STRATEGY 2021 - 2030
    Motion
    Moved:          Cr Stewart
    Seconded:       Cr Finzel
    That Council note the Draft report by the Economic Development Advisor to the General
    Committee Meeting dated 13 December 2021; and
    A.     Adopt the Draft Economic Development Strategy 2021-2030; and
    B.     Authorise the Chief Executive Officer to make any necessary amendments to the
           Economic Development Strategy in preparing and finalising the document for
           publication.

    Amendment
    Moved:          Cr Stockwell
    Seconded:       Cr Jurisevic
    That item B be amended to read as follows and item C be added to read as follows:
    B.   Council wish it noted that it disagrees with the statement - “Population growth is important
         to support economic growth in the local area.” within the review report, as the statement
         is contrary to the approach to economic development in Noosa for most of the last 40
         years and, is inconsistent with the thrust of the Noosa Economic Development Strategy”
    C.   Authorise the Chief Executive Officer to make any necessary minor amendments to the
         Economic Development Strategy in preparing and finalising the document for
         publication.
    For:             Crs Lorentson, Wilkie, Stockwell, Wegener, and Jurisevic
    Against:         Crs Stewart and Finzel
                                                                                            Carried.
    Committee Recommendation
    Moved:          Cr Stewart
    Seconded:       Cr Finzel
    That Council note the Draft report by the Economic Development Advisor to the General
    Committee Meeting dated 13 December 2021; and
    A.   Adopt the Draft Economic Development Strategy 2021-2030;
    B.   Council wish it noted that it disagrees with the statement - “Population growth is important
         to support economic growth in the local area.” within the review report, as the statement
         is contrary to the approach to economic development in Noosa for most of the last 40
         years and, is inconsistent with the thrust of the Noosa Economic Development Strategy”;
         and
    C.   Authorise the Chief Executive Officer to make any necessary minor amendments to the
         Economic Development Strategy in preparing and finalising the document for
         publication.
                                                                       Carried unanimously.




                                                                                       Page 3 of 19

Section 4

GENERAL COMMITTEE MEETING MINUTES                                                      13 DECEMBER 2021


5.   ITEMS REFERRED FROM COMMITTEES


PLANNING & ENVIRONMENT COMMITTEE

1    MCU21/0154 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
     HOME-BASED BUSINESS (SMALL SCALE MEAT PROCESSING) AT 82 PATTERSON
     DRIVE, TINBEERWAH
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as I was
     approached by the applicant’s adjoining neighbour, Kirsty Pocock who advised me that our sons play
     football together. Although I have a declarable conflict of interest, I do not believe a reasonable person
     could have a perception of bias as I believe that I do not have a close personal relationship with Ms
     Pocock and I believe I can consider this matter impartially and in the public interest. I also declare that
     I similarly received a submission from Laura Prater who also lives in the area. I have met Ms Prater on
     a number of occasions and our children go to day-care together. Although I have a declarable conflict
     of interest, I do not believe a reasonable person could have a perception of bias as I believe that I do
     not have a close personal relationship with Ms Prater and I believe I can consider this matter impartially
     and 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 and participate in the decision.

     Committee Resolution
     Moved:            Cr Stockwell
     Seconded:         Cr Finzel
     That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
     interest that Cr Stewart participates and votes on this matter because Council believes that she does
     not have a close personal relationship with Ms Pocock or Ms Prater and therefore a reasonable person
     would trust that the final decision is made in the public interest.
                                                                                     Carried unanimously.
     Cr Stewart did not vote on the above motion.


     Committee Recommendation
     Moved:           Cr Lorentson
     Seconded:        Cr Wilkie
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 7 December 2021 regarding Application No. MCU21/0154 for a
     Development Permit for Material Change of Use - Home-based business (Small Scale Meat
     Processing) situated at 82 Patterson Dr Tinbeerwah and request staff to prepare a further
     report for the Ordinary Meeting dated 16 December 2021 with a draft motion for refusal of the
     application.
     A.    Approve the application in accordance with the following conditions:
     PLANNING
     When Conditions must be Complied With
     1.    Unless otherwise stated, all conditions of this Decision Notice must be complied with,
           and then compliance maintained at all times while the use continues.
     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 4 of 19

Section 5

GENERAL COMMITTEE MEETING MINUTES                                              13 DECEMBER 2021



           Plan No.             Rev.    Plan/Document Name                            Date

           AO1                  -       Site Plan, prepared by RG Strategic           08/09/2021

           AO2                  -       Floor Plan, prepared by RG Strategic          08/09/2021

    Currency Period
    3.    This development approval lapses if the use has not happened by 16 December 2027,
          unless an application to extend the currency period is approved by Council.
    Nature and Extent of Approved Use
    4.    The approved use must be conducted entirely within the existing shed as shown on the
          Approved Plans, except for the parking, loading and unloading of vehicles which may
          occur within the existing driveway and associated manoeuvring area.
    5.    The facility is not permitted to process more than five (5) carcasses per week.
    6.    The approved use must be conducted by a permanent resident or residents of the
          detached house. No employees are permitted.
    7.    Meat processing must not occur outside the hours of 8:00am to 5:00pm Monday to
          Friday, with a maximum of 2 deliveries permitted on Saturday and Sunday and public
          holidays.
    8.    The approved use must not involve the sale of goods from the premises, nor the public
          display of goods visible from any point outside the premises.
    9.    The approved use must not involve the operation of a motor vehicle with a carrying
          capacity exceeding a courier van.
    10.   The approved use must be operated by the resident of the dwelling with no employees
          permitted.
    11.   All stored equipment, goods manufactured, or materials used in association with the
          approved business must be located within a building or screened from view from all
          public places and adjoining properties by fencing and/or dense landscaping.
    12.   Any storage of flammable and/or combustible liquids must comply with the minor storage
          provisions of Australian Standard AS1940 “The Storage and Handling of Flammable and
          Combustible Liquids”.
    13.   Any waste associated with the processing facility must be stored internally and
          refrigerated until ready for collection by the facility operator and lawfully disposed of
          offsite.
    14.   No commercial deliveries or collections are permitted on site.
    General Environmental Nuisance
    15.   The development must be undertaken and operated in a manner that causes no
          detrimental effect upon the amenity of the neighbourhood by reason of the creation of
          excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust,
          smoke & odours) nuisance or any other emissions in accordance with the nuisance
          provisions of the Environmental Protection Act 1994.
    Noise Nuisance
    16.   Noise emission from mechanical equipment shall comply with the following
          requirements:
          a)     Air-conditioning, Compressor and Refrigeration Equipment
                     7am to 10pm: Maximum background + 5dB(A)
                                                                                      Page 5 of 19

Section 6

GENERAL COMMITTEE MEETING MINUTES                                                     13 DECEMBER 2021


                       10pm to 7am: Maximum background + 3dB(A)
                       The background noise level is that measured in the absence of the problem
                        noise.
           b)     Other Mechanical Equipment
                       7am to 7pm: Maximum background + 5dB(A)
                       7pm to 10pm: Maximum background + 3dB(A)
                       10pm to 7am: No audible noise.
                       The background noise level is that measured in the absence of the problem
                        noise.
     B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For:            Crs Lorentson, Stewart, Finzel and Wilkie
Against:        Crs Stockwell, Wegener and Jurisevic
                                                                                                     Carried.

Meeting adjourned at 12.01pm.
Meeting resumed at 12.11pm.




2    MCU20/0073.01 - OTHER CHANGE TO A DEVELOPMENT APPROVAL A MATERIAL
     CHANGE OF USE FOR MULTIPLE HOUSING, TO INCLUDE SHORT TERM
     ACCOMMODATION, SITUATED AT 13 & 15 PARK CRESCENT SUNSHINE BEACH
     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 due to my
     personal relationship with the applicant Mark Bain an the Bain Family who are family friends. We have
     attended social events together, and our children have attended school together. As a result of my
     conflict of interest, I will leave the meeting room while the matter is considered and voted on.
     Cr Lorentson left the meeting.
     Committee Recommendation
     Moved:             Cr Wegener
     Seconded:          Cr Jurisevic
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 7 December 2021 regarding Application No. MCU20/0073.01 for an
     Other Change to a Material Change of Use Multiple Housing to include Short Term
     Accommodation, situated at 13 & 15 Park Cres Sunshine Beach and:
     A.    Refuse the application for the following reasons:
           1.     The proposal is not consistent with Strategic Intent and Outcomes for the Shire as
                  increased visitor accommodation is not sought or needed for the area and visitor
                  accommodation will further erode the permanent housing in the area, impacting
                  permanent resident amenity.
           2.     The proposal is not consistent with 6.3.3.2 Purpose and Overall Outcomes (2)(a)
                  and (j) of the High Density Residential Zone Code as:
                  a.    The proposal seeks to establish a new short-term visitor accommodation
                        facility within residential dwellings, and not located within a well-established
                        resort or holiday units.


                                                                                                Page 6 of 19

Section 7

GENERAL COMMITTEE MEETING MINUTES                                                      13 DECEMBER 2021


                 b.     There are a number of sites advertised as being available for visitor
                        accommodation in the immediate neighbourhood and zoned high density
                        residential.
          3.     The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcomes (2)
                 (v)(iii) and Performance Outcomes PO2 of the Coastal Communities Local Plan
                 Code as:
                 a.     The extent of visitor accommodation has started to erode the available
                        supply of permanent housing in the local plan area.
                 b.     Additional visitor accommodation in the area is likely to result in detrimental
                        impacts on the residential neighbourhood and amenity of permanent
                        residents.
          4.     The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
                 (2) (e) & (f) of the Visitor Accommodation Code as:
                 a.     The proposed short term accommodation will not integrate well into the area
                        given the extent of visitor accommodation in the area.
                 b.     The proposed visitor accommodation is likely to detract from the amenity
                        enjoyed by residents given resident’s reasonable expectations for the area.
          5.     The proposal does not comply with Performance outcome PO3 (a) and (b) of the
                 High Density Residential zone code as there is the potential to overlook the private
                 open space of neighbouring properties from all balconies and unreasonably impact
                 on the amenity of those residents.
                 6.     There is no need for additional Short term accommodation in the area.
    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

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




3   MCU16/0138.03 & OPW16/0257.03 - OTHER CHANGE TO A DEVELOPMENT APPROVAL
    FOR A MATERIAL CHANGE OF USE FOR 2 X MULITPLE HOUSING TYPE 2 - DUPLEXES
    AND OPERATIONAL WORKS (ENGINEERING WORKS AND LANDSCAPING) TO
    INCLUDE SHORT TERM ACCOMMODATION AT 1/113 GYMPIE TERRACE, NOOSAVILLE
    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 1/113 Gympie
    Terrace Noosaville as I have been involved with the Noosa Sea Scouts for 15 years in various roles.
    Noosa Sea Scouts is a neighbour to the subject site. In a previous role I was the Group Leader, which
    is the equivalent of an executive position within an incorporated association. In that role I had cause to
    deal with complaints from campers and caretakers in regard the unruly and late night behaviour of short
    term accommodation in another neighbouring property which was being used for short term
    accommodation. The Secretary of the Noosa Sea Scouts has made a submission opposing this
    development approval based on the potential impact on the campground as has been experienced from
    the neighbouring property. Although I have a declarable conflict of interest, I do not believe a reasonable
    person could have a perception of bias because I believe I no longer hold an executive position within
    the group and have no direct involvement in the campground management. The substantive issues of
    the group relate to matters more directly to the local law, 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.
                                                                                                  Page 7 of 19

Section 8

GENERAL COMMITTEE MEETING MINUTES                                                     13 DECEMBER 2021


    Committee Resolution
    Moved:            Cr Jurisevic
    Seconded:         Cr Stewart
    That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public
    interest that Cr Stockwell participates and votes on this matter because Council believes that Cr
    Stockwell does not stand to receive a personal benefit or loss in relation to this matter and therefore a
    reasonable person would trust that the final decision is made in the public interest.
                                                                                       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 Development Planner to the Planning & Environment
    Committee Meeting dated 7 December 2021 regarding Application No. MCU16/0138.03 and
    OPW16/0257.03 for an Other Change to a Development Approval for a Material Change of
    Use for 2 x Multiple Housing - Type 2 Duplex and Operational Works (Access, Stormwater,
    and landscaping) to include Short-term accommodation for Lot 1 on SP 308427, situated at
    1/113 Gympie Tce Noosaville and:
    A.    Refuse the application for the following reasons:
          1.   The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
               community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will
               further erode the permanent housing in the area, impacting permanent resident
               amenity.
          2.   The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a)
               and (h) of the Medium Density Residential Zone Code as:
               a.     The proposal is located in a medium density residential neighbourhood that
                      is predominately used for short term accommodation. The introduction of
                      additional short term accommodation within a duplex unit is not consistent
                      with the zone’s outcome to maintain the area as predominantly home to
                      permanent residents.
               b.     The proposal seeks to establish a new short-term visitor accommodation
                      dwelling within a duplex and is not located within a well-established resort or
                      holiday units.
          3.   The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t)
               and Performance Outcome PO21 of the Noosaville Local Plan Code as:
               a.     Additional visitor accommodation in the area is likely to result in detrimental
                      impacts on the residential amenity of permanent residents.
               b.     While the code seeks to maintain visitor accommodation in the area, it does
                      not seek to increase the extent of visitor accommodation within the area to
                      the detriment of permanent residents.
          4.   The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
               (2)(f) of the Visitor Accommodation Code as:
               a.     The proposed visitor accommodation is not appropriately located and
                      integrated with permanent residents in the area given the number and
                      density of properties currently being used for visitor accommodation and/or
                      permitted for use as visitor accommodation.
               b.     The proposed visitor accommodation is likely to detract from the amenity
                      enjoyed by residents nearby and in the surrounding area.


                                                                                                 Page 8 of 19

Section 9

GENERAL COMMITTEE MEETING MINUTES                                                      13 DECEMBER 2021


          5.     The proposal does not comply with Performance Outcome PO12 of the Visitor
                 Accommodation Code and Performance Outcome PO6 of the Driveway and
                 Parking Code as insufficient car parking is proposed on site to address the likely
                 parking demands on site.
          6.     There is no need for additional short term accommodation in the area.
    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                      Carried unanimously.




4   RAL21/0007 - DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT INTO
    12 LOTS) ASSESSED UNDER THE SUPERSEDED PLANNING SCHEME AT 111 LAKE
    WEYBA DRIVE, NOOSAVILLE
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
    declaration to the meeting of a prescribed conflict of interest in this matter:
    I, Cr Stewart, inform the meeting that I have a prescribed conflict of interest in relation to this matter as
    Kirsty Millar, the ex-wife, of Mr Bob Linke, Director of Linke and Linke Surveys Pty Ltd (the Applicant),
    donated $5000 on 12/2/20, $5000 on 6/3/2020; $1900 on 27/2/2020 and $1900 on 27/2/2020, to my
    2020 election campaign. As a result of my conflict of interest, I will now leave the meeting room while
    the matter is considered and voted on.
    Cr Stewart left the meeting.
    Committee Recommendation
    Moved:             Cr Stockwell
    Seconded:          Cr Jurisevic
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 7 December 2021 regarding application RAL21/0007 for a
    Development Permit for Reconfiguring a Lot – 1 lot in 12 lots, situated at 111 Lake Weyba
    Drive Noosaville and:
    A.    Refuse the application for the following reasons:
          1.     The proposed development does not comply with Assessment Benchmark 3 of the
                 State Planning Policy (Natural Hazards, Risk and Resilience) as it does not
                 satisfactorily mitigate the bushfire risks to people and property to an acceptable or
                 tolerable level.
          2.     The proposed development does not demonstrate compliance with Overall
                 Outcomes 13.30.2 a), b) and c) and Specific Outcomes O4, O10, O13, O17, O19,
                 O20 and O24 of the Natural Hazard Overlay Code as it compromises the safety of
                 people and property from the site’s residual flood and bushfire risks.
          3.     The proposed lots are located on land that is categorised as having a high potential
                 for Bushfire Intensity and the proposed bushfire measures are not satisfactory and
                 inappropriately burden QPWS and the future owner of lot 12 to maintain a
                 significant portion of the proposed fire buffers.
          4.     The proposed development will compromise the safety of people, as:
                 a.     there is no effective evacuation route that remains passible, with sufficient
                        flood warning time, to enable people to progressively evacuate to a safe area
                 b.     the proposed area for residents to shelter in place is not satisfactory given
                        the lots will be isolated for a significant period.
                 c.     there is no warning system proposed for residents to decide whether to
                        evacuate before the road becomes impassable or shelter in place.
          5.     The proposed extent of fill and retaining walls will result in a poor visual outcome.

                                                                                                  Page 9 of 19

Section 10

GENERAL COMMITTEE MEETING MINUTES                                                      13 DECEMBER 2021


          6.     The proposed development is likely to further burden disaster management
                 response and capacity during flood events.
          7.     The proposed reconfiguration and bushfire and flood mitigation strategies do not
                 comply with the Noosa Plan 2020.
    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                      Carried unanimously.
    Cr Stewart returned to the meeting.



5   2021-2022 ENVIRONMENT GRANTS PROGRAM (ROUND 2)
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Wegener, inform the meeting that I have a declarable conflict of interest in this matter as I am the
    President of Permaculture Noosa which has applied for funding under the Climate change Response
    Grant Category of the 2021-2022 Environment Grants Program (Round 2). As a result of my conflict I
    will leave the meeting room while the matter is considered and voted on.
    Cr Wegener left the meeting room.

    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 regarding the climate
    response grant application submitted by the Zero Emissions Noosa Group which is for the proposed
    use of a consultant to enhance the adoption of solar in strata titled developments. The application lists
    the consultant as Mr Ian Wright. Mr Wright was on the Noosa Lakes Resort Body Corporate Committee
    on an off for the last 3 years while I was the Chairman of that group. I have worked closely with Mr
    Wright and have had occasional dinners as part of the committee network and recently at the completion
    of the large solar installation on the site. I am no longer a member of the Body Corporate Committee
    and have not socialised with Mr Wright outside of that context. Although I have a declarable conflict of
    interest, I do not believe a reasonable person could have a perception of bias because I believe the
    close association with Mr Wright, as defined by the Act, has ceased and further, he is not the direct
    recipient of the grant. 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.
    I, Cr Stockwell, also inform the meeting that I have a further declarable conflict of interest in this matter
    in relation to the application by the Noosa District Landcare due to my long standing connection with the
    organisation as one of the inaugural members of the unincorporated group dating back to the 1980s and
    a current ordinary member. 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.
    Committee Resolution
    Moved:             Cr Jurisevic
    Seconded:          Cr Lorentson
    That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public
    interest that Cr Stockwell participates and votes on this matter because Council believes that he does
    not stand to receive a personal benefit or loss in relation to this matter and does not have a close
    personal relationship with Mr Wright or Landcare and therefore a reasonable person would trust that the
    final decision is made in the public interest.
                                                                                     Carried unanimously.
    Cr Stockwell did not vote on the above motion.




                                                                                                Page 10 of 19

Section 11

GENERAL COMMITTEE MEETING MINUTES                                            13 DECEMBER 2021


    Motion
    Moved:            Cr Stockwell
    Seconded:         Cr Jurisevic
    That Council note the report by the Carbon Reduction Project Officer to the Planning &
    Environment Committee Meeting dated 07 December 2021 and
    A.    Approve the Environment Project Grants note in Attachment 1 for
          1.    Zero Emissions Noosa Inc.;
          2.    Permaculture Noosa Inc.;
          3.    Tourism Noosa; and
          4.    Noosa and District Landcare.
    B.    Request the CEO bring forward options along the lines of that adopted for Economic
          Development grants, to facilitate the allocation of unspent funds in the Environment
          Grant budget and the unspent new $50,000 allocation for Zero Emissions initiatives in
          the Community Grants Budget projects to Budget Review 2.
    C.   Request the CEO review the grant guidelines and eligibility and scoring criteria relating
         to the community implementation of the Climate Change Response Plan to prioritise
         projects that can demonstrate meaningful progress towards its targets through the
         reduction of greenhouse gas emissions and/or the initiation of priority adaptation actions
         identified in the plan.
    For:              Crs Stockwell,
    Against:          Crs Wilkie, Jurisevic, Lorentson, Stewart, Finzel
                                                                                             Lost.

    Motion
    Moved:          Cr Stewart
    Seconded:       Cr Wilkie
    That Council note the report by the Carbon Reduction Project Officer to the Planning &
    Environment Committee Meeting dated 07 December 2021 and approve the Environment
    Project Grants as outlined in Attachment 1 to the report.

    Amendment
    Moved:           Cr Jurisevic
    Seconded:        Cr Stockwell
    That Item A be added to read:
    A.    Request the CEO review the grant guidelines and eligibility and scoring criteria relating
          to the community implementation of the Climate Change Response Plan to prioritise
          projects that can demonstrate meaningful progress towards its targets through the
          reduction of greenhouse gas emissions and/or the initiation of priority adaptation actions
          identified in the plan.
                                                                            Carried unanimously.




                                                                                     Page 11 of 19

Section 12

GENERAL COMMITTEE MEETING MINUTES                                                     13 DECEMBER 2021


    Committee Recommendation
    Moved:            Cr Stewart
    Seconded:         Cr Wilkie
    That Council note the report by the Carbon Reduction Project Officer to the Planning &
    Environment Committee Meeting dated 07 December 2021 and approve the Environment
    Project Grants as outlined in Attachment 1 to the report and;
    A.    Request the CEO review the grant guidelines and eligibility and scoring criteria relating
          to the community implementation of the Climate Change Response Plan to prioritise
          projects that can demonstrate meaningful progress towards its targets through the
          reduction of greenhouse gas emissions and/or the initiation of priority adaptation actions
          identified in the plan.
                                                                            Carried unanimously.
    Meeting adjourned at 1.57pm.
    Meeting resumed at 2.17pm.

    Cr Wegener returned to the meeting.



6   LAKE DOONELLA FORESHORE MANAGEMENT PLAN
    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 on 5 March
    2020, Mr Peter Butt who is an Executive Member of the Eastern Beaches Protection Association
    donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that ran as a
    group known as 'Future Noosa' (which is no longer an entity). Although I have a declarable conflict of
    interest, I do not believe a reasonable person could have a perception of bias because I believe that I
    do not have a close personal relationship with Mr Butt and I believe I can consider this matter impartially
    and 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 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 as my
    brother, Gabriel Cerasani, owns a property at Beaches Estate, Sunrise and is also a member of the
    executive committee of the Eastern Beaches Protection Association Inc. During my election campaign
    my brother helped me with my campaign, handed out voting cards and 2 of my election signs were
    outside his property on David Low Way. Although I have a declarable conflict of interest and I believe I
    could consider the matter impartially and in the public interest. 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.
    Committee Resolution
    Moved:              Cr Stockwell
    Seconded:           Cr Jurisevic
    That Council note the declarable conflict of interest by Cr Finzel and determine that it is in the public
    interest that Cr Finzel remain in the meeting room for this item, on the condition that she does not
    participate in the debate nor vote on issues regarding the private estate along the Eastern Beaches,
    because Council believes that Cr Finzel could provide valuable input into the discussion and therefore
    a reasonable person would trust that the final decision is made in the public interest.
                                                                                      Carried unanimously.
    Crs Finzel and Lorentson did not vote on the above motion.



                                                                                              Page 12 of 19

Section 13

GENERAL COMMITTEE MEETING MINUTES                                                       13 DECEMBER 2021


      Committee Resolution
      Moved:             Cr Jurisevic
      Seconded:          Cr Stockwell
      That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
      interest that Cr Lorentson remain in the meeting room for this item, on the condition that she does not
      participate in the debate nor vote on issues regarding the private estate along the Eastern Beaches,
      because Council believes that Cr Lorentson could provide valuable input into the discussion, and
      therefore a reasonable person would trust that the final decision is made in the public interest.
                                                                                       Carried unanimously.
      Crs Finzel and Lorentson did not vote on the above motion.


      Committee Recommendation
      Moved:              Cr Stockwell
      Seconded:           Cr Wegener
      That Council note the report by the Environment Services Manager (Acting) to the Planning &
      Environment Committee Meeting dated 7 December 2021 and initiate a Foreshore
      Management Planning Process for the Lake Doonella foreshore noting: that the potential new
      initiative to produce a Foreshore Management Plan for Lake Doonella be referred to the
      2022/2023 budget process so it can be assessed against other priorities set down in relevant
      strategies and plans.
      A.    The process will replicate the process recently initiated for the Eastern Beaches
            Foreshore Management Plans; and
      B.    Dependent upon timing and resourcing, it may lead to a delay in completion of the
            Eastern Beaches Foreshore Management Plans and request for ongoing budget and
            resources for FY 2022/23
Cr Wegener left the meeting at 2.35pm.
                                                                                       Carried unanimously.




SERVICES & ORGANISATION COMMITTEE

Nil




                                                                                                 Page 13 of 19

Section 14

GENERAL COMMITTEE MEETING MINUTES                                               13 DECEMBER 2021


6.   REPORTS DIRECT TO GENERAL COMMITTEE



7    MCU21/0104   –   APPLICATION   FOR MATERIAL CHANGE   OF  USE   -
     MOTORCYCLE/SCOOTER SALES AND REPAIR & CARETAKER’S ACCOMMODATION
     SITUATED AT 16 RENE ST NOOSAVILLE
     Committee Recommendation
     Moved:             Cr Jurisevic
     Seconded:          Cr Wilkie
     That Council note the report by the Development Planner to the General Committee Meeting
     dated 13 December 2021 regarding Application No. MCU21/0104 for a Material Change of
     Use - Motorcycle/Scooter Sales and Repair and Caretaker’s Accommodation, situated at 16
     Rene St Noosaville and:
     A.   Approve the application in part for an Undefined Use Motorcycle/Scooter Sales and
          Repair in accordance with the following conditions:
          PLANNING
          1.      Unless otherwise stated, all conditions of this Decision Notice must be complied
                  with prior to the use commencing, and then compliance maintained at all times
                  while the use continues.
                  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.
                Sheet    Rev.   Plan/Document Name                                             Date
                 No.
               A01       A      Floor Plan MCU Application, prepared by RG Strategic (as       06/10/21
                                annotated by Council)
          Currency Period
          3.      This development approval lapses if the use has not happened by 16 December
                  2027, unless an application to extend the currency period is approved by Council.
          Nature and Extent of Approved Use
          4.      The approved use includes motorcycle, motor scooter, electric scooter and electric
                  motorcycle sales, servicing and repairs, including ancillary sale of
                  motorcycles/scooters and associated accessories.
          5.      The indoor and outdoor sales use area is limited to the areas identified in pink, as
                  shown on the approved plan A01, dated 6/10/21.
          6.      The development must be undertaken and operated in a manner that causes no
                  detrimental effect upon the amenity of the neighbourhood by reason of the creation
                  of excessive noise, lighting nuisance or other emissions.
          Car Parking
          7.      A minimum of 5 car parking spaces must be provided and marked on the site and
                  made available and accessible at all times while the use is open for business. The
                  works, including access to the parking, must be undertaken in accordance with an
                  Operational Works approval and must include in particular:



                                                                                           Page 14 of 19

Section 15

GENERAL COMMITTEE MEETING MINUTES                                            13 DECEMBER 2021


              a.    All car parking areas and access driveways must be maintained exclusively
                    for vehicle parking and manoeuvring and kept in a tidy and safe condition at
                    all times;
              b.    Directional signage must be provided to direct customers to the car parking
                    spaces provided on site.
        Service Vehicles
        8.    Service vehicle parking, manoeuvring, and standing spaces must be provided on
              the site and must include in particular a loading bay for a single unit truck 12 metres
              x 3.6 metres.
        Landscaping
        9.    The development site must be landscaped in accordance with the approved site
              plan and be provided to a minimum of 15% of the site. The works must be
              undertaken in accordance with an Operational Works approval and PSP2
              Landscaping in Noosa Plan, for that specific area and must include in particular:
              a.    A 2 metre wide landscaping strip along the Rene St road frontage of the
                    subject site, exclusive of the access driveway.
        Stormwater Drainage
        10.   The site must be provided with a stormwater drainage system connecting to a
              lawful point of discharge. The works must be undertaken in accordance with an
              Operational Works approval and generally in accordance with report titled
              “Preliminary Stormwater Management Plan”, rev 0, dated 7 October 2021 and
              prepared by RECOR Pty Ltd.
        Easements
        11.   Unless otherwise agreed in writing by the relevant service provider, any public or
              third party infrastructure located on the subject site must be placed within an
              easement registered against the title of the property.
        12.   All easements must be designed in accordance with the planning scheme and
              granted at no cost to the Grantee. Where the Grantee is Council or a service
              authority, the easement documentation must be in accordance with the Grantee’s
              standard easement terms. Draft easement documentation must be submitted to
              Council for endorsement.
        13.   All works must be kept clear of any existing or proposed easements on the subject
              land, unless agreed otherwise in writing by the Grantee.
        Earthworks and Retaining Walls
        14.   All fill and associated batters must be contained entirely within the subject site
              unless written permission from the respective landowner(s) is provided to Council.
              All earthworks must be undertaken in accordance with the provisions of Australian
              Standard AS3798: Guidelines on Earthworks for Commercial and Residential
              Developments.
        15.   Where the development involves excavation or filling over, or adjacent to,
              drainage, water supply or sewerage infrastructure, all access chamber surface
              levels must be adjusted to provide a freeboard of 100mm above the finished
              ground surface level.
        16.   All retaining walls must be designed and constructed in accordance with the
              planning scheme and must be certified by an RPEQ where exceeding 1.0m in
              height. All retaining walls that are publicly accessible and exceed 1.0m in height
              must be fitted with a commercial grade safety fence.

                                                                                     Page 15 of 19

Section 16

GENERAL COMMITTEE MEETING MINUTES                                         13 DECEMBER 2021


         Damage to Services and Assets
         17.    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:
                     where the damage would cause a hazard to pedestrian or vehicle safety,
                     immediately; or
                     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.
    B.   Refuse the Caretakers Accommodation for the following reason:
         1.   The proposed Caretaker’s Accommodation does not comply with Overall Outcome
              2(b) and Specific Outcome PO2 (b) of the Caretaker's Accommodation, Dwelling
              Unit and Rural Workers' Accommodation Code, and Overall Outcome 2(j)(i) and
              Performance Outcome PO5 (b) and (e) of the Medium Impact Industry Zone Code,
              as:
              a.    There is no demonstrated genuine operating need for full-time caretaking of
                    the industrial use;
              b.    There is no demonstrated demand for 24 hour care of buildings, operations,
                    plant or equipment;
                c.   The caretaker’s accommodation is not located on a site of at least 2,000m2.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    D.   Find the following matters relevant to the assessment and sufficient reason to approve
         the ‘Motorcycle/Scooter Sales component of the application:
         a.     The proposal is complementary and directly associated with the proposed
                industrial use.
         b.     The proposal will not compromise the use of the area from being used for
                predominantly industrial activities.
                                                                    Carried unanimously.



8   HOUSING NEEDS ASSESSMENT
    Motion
    Moved:           Cr Stockwell
    Seconded:        Cr Lorentson
    That Council note the report by the Principal Strategic Planner to the General Committee
    Meeting dated 13 December 2021 and
    A.   Endorse the Housing Needs Assessment as attached to the report for the purpose of
         informing a Housing Strategy for Noosa Shire;
    B.   Resolve to prepare amendments to the Noosa Plan to advance housing diversity and
         choice;
    C.   Authorise the Chief Executive Officer to commission detailed site investigations and
         scoping of opportunities and feasibility for the development of affordable housing on
         Council owned properties at:
         1.     30 Toulambi Street, Noosa Heads; and
         2.     62 Lake Macdonald Drive, Cooroy.
                                                                                  Page 16 of 19

Section 17

GENERAL COMMITTEE MEETING MINUTES                                           13 DECEMBER 2021


    D.   Refer the cost of undertaking these investigations estimated at $50,000 to budget review,
         and
    E.   Request the Chief Executive Officer of Department of State Development, Infrastructure,
         Local Government and Planning to provide notice about the process to follow for making
         amendments to the Noosa Plan 2020, under Section 18(3) of the Planning Act 2016.
    Amendment
    Moved:           Cr Stewart
    Seconded:        Cr Wilkie
    That F be added as follows:
    F.   Advocate to the State Government:-
         a.     For a holistic review of all State property assets for their potential for short to
                medium term housing outcomes, including crisis housing, social housing and
                affordable housing; and
         b.  To work with Council to identify new opportunities for State housing investment in
             Noosa Shire
                                                                         Carried unanimously.
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Lorentson
    That Council note the report by the Principal Strategic Planner to the General Committee
    Meeting dated 13 December 2021 and
    A.   Endorse the Housing Needs Assessment as attached to the report for the purpose of
         informing a Housing Strategy for Noosa Shire;
    B.   Resolve to prepare amendments to the Noosa Plan to advance housing diversity and
         choice;
    C.   Authorise the Chief Executive Officer to commission detailed site investigations and
         scoping of opportunities and feasibility for the development of affordable housing on
         Council owned properties at:
         1.     30 Toulambi Street, Noosa Heads; and
         2.     62 Lake Macdonald Drive, Cooroy.
    D.   Refer the cost of undertaking these investigations estimated at $50,000 to budget review;
    E.   Request the Chief Executive Officer of Department of State Development, Infrastructure,
         Local Government and Planning to provide notice about the process to follow for making
         amendments to the Noosa Plan 2020, under Section 18(3) of the Planning Act 2016; and
    F.   Advocate to the State Government: -
         a.     For a holistic review of all State property assets for their potential for short to
                medium term housing outcomes, including crisis housing, social housing and
                affordable housing; and
         b.     To work with Council to identify new opportunities for State housing investment in
                Noosa Shire
                                                                           Carried unanimously.




                                                                                    Page 17 of 19

Section 18

GENERAL COMMITTEE MEETING MINUTES                                           13 DECEMBER 2021


10   FRAUD AND CORRUPTION CONTROL POLICY
     Committee Recommendation
     Moved:          Cr Stewart
     Seconded:       Cr Finzel
     That Council note the report by the Governance Advisor to the General Committee Meeting
     dated 13 December 2021 and
     A.   Adopt the updated Council Fraud and Corruption Control Policy;
     B.   Authorise the Chief Executive Officer (CEO) to make any required minor amendments
          to the document prior to publication.
                                                                        Carried unanimously.




11   FINANCIAL PERFORMANCE REPORT – NOVEMBER 2021
     Committee Recommendation
     Moved:           Cr Jurisevic
     Seconded:        Cr Finzel
     That Council note the report by the Acting Manager Financial Services to the General
     Committee Meeting dated 13 December 2021 outlining the November 2021 year to date
     financial performance against budget, including performance against key financial
     sustainability indicators.
                                                                    Carried unanimously.



7.   CLOSED SESSION


     CLOSURE OF THE MEETING TO THE PUBLIC
     Committee Resolution
     Moved:           Cr Stockwell
     Seconded:        Cr Jurisevic
     That the meeting be closed to the public pursuant to section 254J(3) of the Local Government
     Regulation 2012 for the purpose of discussing negotiations relating to a commercial matter
     involving the local government for which a public discussion would be likely to prejudice the
     interests of the local government.
                                                                            Carried unanimously.
Meeting adjourned at 4.20pm
Meeting resumed at 4.25pm

     RE-OPENING OF THE MEETING TO THE PUBLIC
     Committee Resolution
     Moved:           Cr Lorentson
     Seconded:        Cr Stewart
     That the meeting be re-opened to the public.
                                                                           Carried unanimously.

                                                                                   Page 18 of 19

Section 19

GENERAL COMMITTEE MEETING MINUTES                                         13 DECEMBER 2021


12   APPOINTMENT OF SPECIALISED
     SUPPLIER FOR ECONOMIC DEVELOPMENT EVENT IN 2022
     Committee Recommendation
     Moved:          Cr Jurisevic
     Seconded:       Cr Stockwell
     That Council note the report by the Director Peregian Digital Hub to the General Committee
     Meeting dated 13 December 2021 and
     A.   Agree to the appointment of a specialised supplier for an Economic Development event
          in Noosa Shire in 2022 as detailed in report;
     B.   Enter into a commercial arrangement with the same specialised supplier in accordance
          with section 235(a) of the Local Government Regulation 2012;
                                                                       Carried unanimously.




The meeting closed at 4.44pm




                                                                                 Page 19 of 19

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