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2020-07-16 Special Meeting Minutes
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MINUTES
Special Meeting
Thursday, 16 July 2020
commencing at 10.00am
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
SPECIAL MEETING MINUTES 16 JULY 2020
PURPOSE OF MEETING
The purpose of the Special Meeting was to consider:
Noosa Plan 2020 – Presented for Adoption and Implementation Following Ministerial
Approval
Noosa Plan 2020 - Infrastructure Charges Resolution for New Planning Scheme
Noosa Plan 2020 - Fees & Charges 2020-21 for The New Planning Scheme
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor C Stewart, Mayor
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
K Rawlings, Director Environment & Sustainable Development
APOLOGIES
Nil.
The meeting commenced at 10.00am.
2 REPORTS
1 NOOSA PLAN 2020 – PRESENTED FOR ADOPTION AND IMPLEMENTATION
FOLLOWING MINISTERIAL APPROVAL
Cr Stewart declared a perceived conflict of interest in this matter (as defined in section 175D of
the Local Government Act 2009) due to the fact that Youngcare (a not-for-profit community
organisation of which Cr Stewart is a director) made a submission on the draft Noosa planning
scheme in relation to a parcel of land at 32 Viewland Drive, Noosa Heads. As Council is not
reviewing the submissions made as part of the earlier process, nor examining individual parcels
of land within the context of the entire planning scheme and, given that the adoption of a
planning scheme is an item of “ordinary business” under the Local Government Act, Cr Stewart
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.
Cr Wilkie assumed the Chair of the meeting for the purpose of considering the conflict of interest
declarations.
Cr Lorentson declared a perceived conflict of interest in this matter (as defined in section 175D
of the Local Government Act 2009) due to the fact that she made a number of submissions on
the draft Noosa planning scheme in relation to the issue of short term accommodation. As
Council is not reviewing the submissions made as part of the earlier process, nor examining
individual parcels of land within the context of the entire planning scheme and, given that the
adoption of a planning scheme is an item of “ordinary business” under the Local Government
Act, 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.
Page 2 of 7
Section 3
SPECIAL MEETING MINUTES 16 JULY 2020
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 that he made a submission as Group Leader
on behalf of Noosa Sea Scouts to the draft Noosa planning scheme in 2019, in relation to a
parcel of land at 11 Eumundi Noosa Road, Noosaville. No changes have been recommended
to the Draft Planning Scheme as a result of this submission. Cr Stockwell does not currently
hold an executive position in the Noosa Sea Scouts. As Council is not reviewing the
submissions made as part of the earlier process, nor examining individual parcels of land within
the context of the entire planning scheme and, given that the adoption of a planning scheme is
an item of “ordinary business” under the Local Government Act, 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.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Councillors note the perceived conflict of interest declaration of Cr Stewart and resolve
that this represents a perceived conflict of interest in this matter and Cr Stewart may remain in
the meeting room to participate in the debate and vote on this matter.
Carried unanimously.
Cr Stewart, Lorentson & Stockwell did not vote on the above motion.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
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 Stewart, Lorentson & Stockwell did not vote on the above motion.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
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 Stewart, Lorentson & Stockwell did not vote on the above motion.
Cr Stewart resumed the Chair.
Page 3 of 7
Section 4
SPECIAL MEETING MINUTES 16 JULY 2020
Motion
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the report by the Director Environment & Sustainable Development
to the Special Meeting dated 16 July 2020; and
A. Adopt the Noosa Plan 2020 as amended as a result of State Interest Review and
Ministerial Conditions, as per attachments 2 – 22 of the report;
B. Set a date of 31 July 2020 for commencement of the new scheme;
C. Authorise the CEO to make any minor amendments necessary to the Noosa Plan
2020 prior to commencement;
D. Publicly notify adoption of the scheme in accordance with requirements of the
Planning Act; and
E. Provide the Chief Executive of Department State Development, Manufacturing,
Infrastructure and Planning a copy of the public notice.
Amendment No.1
Moved: Cr Wegener
Seconded: Cr Jurisevic
That following items F & G be added:
F. Initiate a process to monitor over a two year period the effectiveness of the
provisions in the Noosa Plan 2020 with regard to industrial land and industry
precincts to ensure the provisions meet the objective of enabling the changing
nature of businesses including increased diversity in key sectors and provision
for multi-purpose flexible work; and
G. Provide a report back to Council on this monitoring program including any
associated recommended amendments to the Noosa Plan.
Carried unanimously.
Cr Stewart voted in favour of the amendment.
Cr Lorentson voted in favour of the amendment.
Cr Stockwell voted in favour of the amendment.
Amendment No. 2
Moved: Cr Finzel
Seconded: Cr Jurisevic
That the following items H & I be added:
H. Monitor over the next 2 years the effectiveness of the provisions of the Noosa
Plan 2020 in enabling the delivery of housing choice and affordability to meet the
diverse needs of the community, specifically housing for those in our community
on low incomes, with special needs or in identified groups in need of
community and affordable housing; and
I. Provide a report back to Council on this monitoring program including any
associated recommended amendments to the Noosa Plan to strengthen the
provisions towards these outcomes.
Carried unanimously.
Cr Stewart voted in favour of the amendment.
Cr Lorentson voted in favour of the amendment.
Cr Stockwell voted in favour of the amendment.
Page 4 of 7
Section 5
SPECIAL MEETING MINUTES 16 JULY 2020
Amendment No. 3
Moved: Cr Lorentson
Seconded: Cr Stewart
That the following Items J & K be added:
J. Initiate a process for amending the Noosa Plan 2020 under Section 18 of the
Planning Act 2016 that reviews the levels of assessment and associated
provisions for short-term accommodation in the Low Density Residential zone,
specifically considering the inclusion of the use of short-term accommodation as
a consistent use in the Low Density Residential zone where consisting of no more
than one dwelling; and
K. Complete and introduce a Local Law for Short term letting, including the
associated code of conduct to regulate short term letting.
For: Crs Lorentson, Stewart and Finzel
Against: Crs Stockwell, Jurisevic, Wilkie and Wegener
Lost.
Cr Stewart voted in favour of the amendment.
Cr Lorentson voted in favour of the amendment.
Cr Stockwell voted against the amendment.
The meeting adjourned 12.01pm.
The meeting resumed at 12.10pm.
Amendment No. 4
Moved: Cr Lorentson
Seconded: Cr Jurisevic
That the following Item J be added:
J. Complete and introduce a Local Law for Short term letting, including the
associated code of conduct to regulate short term letting.
Carried unanimously.
Cr Stewart voted in favour of the amendment.
Cr Lorentson voted in favour of the amendment.
Cr Stockwell voted in favour of the amendment.
Page 5 of 7
Section 6
SPECIAL MEETING MINUTES 16 JULY 2020
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the report by the Director Environment & Sustainable Development
to the Special Meeting dated 16 July 2020; and
A. Adopt the Noosa Plan 2020 as amended as a result of State Interest Review and
Ministerial Conditions, as per attachments 2 – 22 of the report;
B. Set a date of 31 July 2020 for commencement of the new scheme;
C. Authorise the CEO to make any minor amendments necessary to the Noosa Plan
2020 prior to commencement;
D. Publicly notify adoption of the scheme in accordance with requirements of the
Planning Act;
E. Provide the Chief Executive of Department State Development, Manufacturing,
Infrastructure and Planning a copy of the public notice;
F. Initiate a process to monitor over a two year period the effectiveness of the
provisions in the Noosa Plan 2020 with regard to industrial land and industry
precincts to ensure the provisions meet the objective of enabling the changing
nature of businesses including increased diversity in key sectors and provision
for multi-purpose flexible work;
G. Provide a report back to Council on this monitoring program including any
associated recommended amendments to the Noosa Plan;
H. Monitor over the next 2 years the effectiveness of the provisions of the Noosa
Plan 2020 in enabling the delivery of housing choice and affordability to meet the
diverse needs of the community, specifically housing for those in our community
on low incomes, with special needs or in identified groups in need of community
and affordable housing;
I. Provide a report back to Council on this monitoring program including any
associated recommended amendments to the Noosa Plan to strengthen the
provisions towards these outcomes; and
J. Complete and introduce a Local Law for Short term letting, including the
associated code of conduct to regulate short term letting.
For: Crs Jurisevic, Wegener, Stockwell, Wilkie and Finzel
Against: Crs Lorentson and Stewart
Carried.
Cr Stewart voted against the motion.
Cr Lorentson voted against the motion.
Cr Stockwell voted in favour of the motion
Page 6 of 7
Section 7
SPECIAL MEETING MINUTES 16 JULY 2020
2 NOOSA PLAN 2020 - INFRASTRUCTURE CHARGES RESOLUTION FOR NEW
PLANNING SCHEME
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wegener
That Council note the report by the Infrastructure Assessment Coordinator to the
Special Meeting dated 16 July 2020 and
A. Adopt the “Noosa Shire Council Charges Resolution (No.5) 2020” provided at
Attachment 1 to the report, to take effect and replace the “Noosa Shire Council
Charges Resolution (No.4) 2019” on the day the new planning scheme takes
effect, and
B. Authorise the CEO to make minor changes to the Noosa Shire Charges
Resolution (No. 5) 2020 prior to the date it takes effect.
Carried unanimously.
3 NOOSA PLAN 2020 - FEES & CHARGES 2020-21 FOR THE NEW PLANNING
SCHEME
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Council note the report by the Manager Development Assessment to the Special
Meeting dated 16 July 2020 regarding the Fees and Charges 2020-21 for the new
Planning Scheme – Noosa Plan 2020.
A. Agree to adopt the proposed fees and charges for Material Change of Use
applications lodged under the new Planning Scheme as set out in Attachment
2 to this report;
B. Continue to apply the current fees and charges 2020-21 for all other matters
lodged under the new Planning Scheme; and
C. Note that Superseded Planning Scheme requests are currently delegated to
officers to decide due to the legislative time frames.
For: Crs Wegener, Stockwell, Jurisevic, Finzel, Wilkie and Stewart.
Against: Cr Lorentson
Carried.
3 MEETING CLOSURE
The meeting closed at 12.38pm.
Page 7 of 7