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2022-05-19 Ordinary Meeting Minutes

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                      MINUTES


            Ordinary Meeting


               Thursday 19 May 2022

                                 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 MINUTES                                                       19 MAY 2022


1.   ATTENDANCE & APOLOGIES
     Councillor C Stewart, Mayor (Chair)
     Councillor F Wilkie
     Councillor K Finzel
     Councillor J Jurisevic
     Councillor A Lorentson
     Councillor B Stockwell (via Microsoft Teams)
     Councillor T Wegener

     EXECUTIVE
     S Waters, Chief Executive Officer
     L Sengstock, Director Infrastructure Services
     K Contini, Director Community Services
     D Iezzi, Director Executive Services
     T Grauf, Acting Director Corporate Services (via Microsoft Teams)
     L Jensen, Acting Director Environment & Sustainable Development

     APOLOGIES
     Nil.

     The meeting commenced at 5.00pm.



2.   CONFIRMATION OF MINUTES
     Council Resolution
     Moved:          Cr Finzel
     Seconded:       Cr Lorentson
     The Minutes of the Ordinary Meeting held on 21 April 2022 be received and confirmed.
                                                                         Carried unanimously?


3.   MAYORAL MINUTES
     Nil


4.   PETITIONS
     Nil.


5.   NOTIFIED MOTIONS
     Nil.


6.   PRESENTATIONS
     Nil.


7.   DEPUTATIONS
     Nil.

                                                                              Page 2 of 20

Section 3

ORDINARY MEETING MINUTES                                                              19 MAY 2022


8.   CONSIDERATION OF COMMITTEE REPORTS



PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 10 MAY 2022


1    PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB
     That Council note the report by the Digital Hub Director to the Planning & Environment
     Committee Meeting dated 10 May 2022 regarding the commercial lease of office space at the
     Peregian Digital Hub and
     A.   Agree to enter a commercial lease of the unit 3b premises of 45m2 to TP Collab Trading
          Pty Ltd. for a one year term with a three year extension option, as generally outlined in
          the report;
     B.   Authorise the CEO or delegate to execute any subsequent lease extension, subject to
          the lessee complying with the terms of the lease.



2    ECONOMIC DEVELOPMENT GRANT PROGRAM APPLICATION BY NOOSA CHAMBER
     OF COMMERCE & INDUSTRY INC.
     That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
     due to the significance of the issue.



3    132002.220285.E – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT
     APPROVAL FOR SHIRE BUSINESS CENTRE AT 28 EENIE CREEK ROAD, NOOSAVILLE
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 10 May 2022 regarding 132002.220285.E to make a minor change
     to an existing approval for Shire Business Centre situated at Noosa Civic 28 Eenie Creek
     Road, Noosaville and:
     A.   Approve the change.
     B.   Amend condition 5 to read as follows:
          Scale and Types of Uses
          1.    5    The uses allowed on the subject site and the scale of those uses are as
                follows:
                2.   5.1 The shop floor space for the Retail Centre shall not exceed 18,000m²,
                     TUA. The uses nominated on the approved plans shall generally accord with
                     the following TUA’s:
                          Supermarket (Shop) 3,500 m²
                          Mini-Major (Shop) 1,200 m²
                          Discount Department Store (Shop) 6,500 m²
                          Speciality Retail (Shop) & Professional Offices 6,800 m²
                          Restaurants 200 m²
                          Centre Manager 115 m²
                          Staff Areas 50 m²
                          Public Toilets 150 m²

                                                                                   Page 3 of 20

Section 4

ORDINARY MEETING MINUTES                                                          19 MAY 2022


                         Service Station 100 m²
              3.    5.2   The uses allowed in the Retail Centre are:
                         Shops
                         Professional Offices
                         Commercial Premises
                         Commercial Services
                         Restaurants
                         Service Station
                         Service Shops
                         Fast Food Premises
                         Medical Centre
                         Outdoor Entertainment, and
                         Special Purposes
              4.    5.3 The Showroom/Homemaker floor space for the showroom component
                    shall not exceed 7,000m² TUA. The uses allowed in the Showroom
                    component are:
                         Showroom
                         Commercial Premises
                         Commercial Services
                         Medical Centre
                         Professional Offices
                         Warehouse
                         Educational Establishment, and
                         Special Purposes
              5.    5.4. The commercial and business floor space for the Commercial and
                    Business component shall not exceed 5,000m2 TUA. The uses allowed
                    within the Commercial and Business component are:
                         Commercial Premises
                         Commercial Services
                         Medical Centre
                         Professional Offices
                         Warehouse
                         Educational Establishment, and
                         Special Purposes
                    5.4(a) 82m2 of tenancy BB-03 (as detailed on the Site Plan, Overall Site
                           Plan and Retail Site Plan) may be used as Fast Food Premises
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




                                                                                 Page 4 of 20

Section 5

ORDINARY MEETING MINUTES                                                                           19 MAY 2022


4   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MARCH 2022
    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 in relation to
    the application by Altum Properties Group listed as Item 28 in this report and Altum Properties No.9 P/L
    TTE, which is listed as item 32 in this report. I have a friendship with Leigh and Rob McCready, who are
    associated with the applicant. 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.

    Cr Wilkie, Deputy Mayor, assumed the Chair due to the conflict of interest declaration made by Cr
    Stewart.

    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 in relation to the
    application by Altum Properties Group listed as Item 28 in this report and Altum Properties No.9 P/L
    TTE, which is listed as item 32 in this report. I have known Leigh McCready, who is associated with the
    applicant, in a volunteer capacity and who was involved with my 2020 election campaign with Future
    Noosa, which is no longer an entity. As a result of my conflict of interest I will now leave the meeting
    room while the matter is considered and voted on.
    Cr Finzel left the meeting.
    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 in relation to
    the application by Altum Properties Group listed as Item 28 in this report and Altum Properties No.9 P/L
    TTE, which is listed as item 32 in this report. On 24 February 2020 I sought a review by the Independent
    Council Election Observer (ICEO) as to the public claims of the Future Noosa Team, of which Leigh
    McCready was publicly identified as a Campaign Manager. Leigh McCready is associated with the
    applicant. Although I have a declarable conflict of interest, I do not believe a reasonable person could
    have a perception of bias because Council's consideration of this application is not to approve or reject
    it, it is only for noting of a decision that has already been made by staff. 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.
    Council Resolution
    Moved:             Cr Jurisevic
    Seconded:          Cr Wegener
    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 a
    reasonable person could not have a perception of bias because the ICEO review was advisory service,
    not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither
    he nor Ms McCready stood to personally gain or lose from that advice 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.

    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 in relation
    to the application by MC Bain which is listed as item 33 in this report. I have a personal relationship with
    the applicant Mark Bain and 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.


                                                                                                  Page 5 of 20

Section 6

ORDINARY MEETING MINUTES                                                        19 MAY 2022


     Council Resolution
     Moved:           Cr Jurisevic
     Seconded:        Cr Wegener
     That Council note the report by the Development Assessment Manager to the Planning &
     Environment Committee Meeting dated 10 May 2022, regarding planning applications that
     have been decided by delegated authority.
                                                                   Carried unanimously.

     Crs Stewart, Finzel and Lorentson returned to the meeting.
     Cr Stewart resumed the Chair.




5    NOOSA THREATENED FAUNA SPECIES RECOVERY ROAD MAP
     That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
     due to the significance of the issue.




6    VEGETATION ASSESSMENT PROJECT UPDATE
     That Council note the report by the Environment Officer, Vegetation Assessment to the
     Planning & Environment Committee Meeting dated 10 May 2022 providing an update on the
     vegetation assessment project.




Council Resolution
Moved:           Cr Wilkie
Seconded:        Cr Wegener
That the report of the Planning & Environment Committee dated 10 May 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
                                                                        Carried unanimously.




                                                                              Page 6 of 20

Section 7

ORDINARY MEETING MINUTES                                                            19 MAY 2022


SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 10 MAY 2022



1    3D HAZARD MAPPING TOOL – APPOINTMENT OF SIMTABLE™
     That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
     for further consideration.



2    CAPITAL PROGRAM DELIVERY STATUS – 31 MARCH 2022
     That Council note the report by the Infrastructure Planning, Design & Delivery Manager to the
     Services & Organisation Committee Meeting 10 May 2022 providing an update on the delivery
     of the 2021/2022 capital program as at 31 March 2022.




Council Resolution
Moved:          Cr Jurisevic
Seconded:       Cr Finzel
That the report of the Services & Organisation Committee dated 10 May 2022 be received and the
recommendations therein be adopted.
                                                                        Carried unanimously.




                                                                                   Page 7 of 20

Section 8

ORDINARY MEETING MINUTES                                                                        19 MAY 2022


GENERAL MEETING COMMITTEE REPORT – 16 MAY 2022


1   ECONOMIC DEVELOPMENT GRANT PROGRAM APPLICATION BY NOOSA CHAMBER
    OF COMMERCE & INDUSTRY INC.
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
    declaration to the meeting of a prescribed conflict of interest in this matter:
    I, Cr Finzel, inform the meeting that I have a prescribed conflict of interest in this matter. In March 2020,
    Ms Pamela Sweetapple who is the Secretary of the Noosa Chamber of Commerce donated $2630.33
    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). As a result of my prescribed conflict of interest, I will leave the
    meeting room while the matter is considered and voted on.
    Cr Finzel left the meeting.


    Procedural Motion
    Moved:              Cr Stewart
    Seconded:           Cr Jurisevic
    That Item be taken off the table for further debate.
                                                                                      Carried unanimously.


    Motion (from General Committee Meeting dated 16 May 2022)
    Moved:             Cr Wilkie
    Seconded:          Cr Wegener
    That Council note the report by the Project Officer, Economic Development, to the Planning &
    Environment Committee Meeting dated 10 May 2022 and approve the Noosa Chamber of
    Commerce & Industry Inc. application to the Economic Development Grants Program in the
    amount of $7,500 as follows:
    A.    $7,500 initial payment to be made to provide support to the Chamber to prepare:
          1.     Defined project plans that provide the pathway from objectives to outcomes;
          2.     KPI’s including membership and funding targets;
          3.     Removal of potential duplication with existing projects; and
          4.     An updated grant application with the above supporting information and a strong
                 focus on deliverables aligned with Pillars 2 and 5 of the Roadmap and Strategic
                 Plan; and
          5.     Grant approval to include the proper disclosure of all funds to align with all other
                 recipients of Noosa Shire Council Grant Funding at each stage
    B.    Request a report to a future Council Meeting on the assessment of the updated
          application.
                                                                     Lost unanimously.

    Motion
    Moved:              Cr Stewart
    Seconded:           Cr Wilkie
    That Council note the report by the Project Officer, Economic Development, to the Planning &
    Environment Committee Meeting dated 10 May 2022 and approve the Noosa Chamber of



                                                                                               Page 8 of 20

Section 9

ORDINARY MEETING MINUTES                                                                19 MAY 2022


    Commerce & Industry Inc. application to the Economic Development Grants Program in the
    amount of $30,000, to be paid in two instalments, with the following conditions:
    A.   Payment 1 (June 2022) - $15,000 Paid upon agreement with the Chamber on:
         1.     Defined project plans that provide the pathway from objectives to outcomes;
         2.     KPI’s including membership and funding targets;
         3.     Removal of potential duplication with existing projects;
    B.   Payment 2 (October 2022) - $15,000 upon presentation of a Progress Report including
         1.     KPI’s as agreed;
         2.     Outcomes achieved to date and how this translates to community benefit;
         3.     Copies of Minutes of the Chamber Committee Meeting to ensure governance and
                Committee management in order;
    C.   Monthly Progress meetings with Chamber representatives and Economic Development
         staff in the first six months of the project, and then quarterly for the remainder of the grant
         program.

    Amendment No. 1
    Moved:            Cr Stockwell
    Seconded:         Cr Jurisevic
    That Item A, 1. be amended to read:
    1.  Defined project plans that provide the pathway from objectives to outcomes and a strong
        focus on deliverables aligned with Pillars 2 and 5 of the Roadmap and Strategic Plan;
        and
                                                                         Carried unanimously,
    Amendment No. 2
    Moved:            Cr Jurisevic
    Seconded:         Cr Wegener
    That Item D be added to read:
    D.   That the CEO arrange a workshop to provide Councillors with the final draft funding
         agreement and address any concerns prior to any funding being dispersed.
                                                                      Carried unanimously.
    Council Resolution
    Moved:            Cr Stewart
    Seconded:         Cr Wilkie
    That Council note the report by the Project Officer, Economic Development, to the Planning &
    Environment Committee Meeting dated 10 May 2022 and approve the Noosa Chamber of
    Commerce & Industry Inc. application to the Economic Development Grants Program in the
    amount of $30,000, to be paid in two instalments, with the following conditions:
    A.   Payment 1 (June 2022) - $15,000 Paid upon agreement with the Chamber on:
         1.     Defined project plans that provide the pathway from objectives to outcomes and a
                strong focus on deliverables aligned with Pillars 2 and 5 of the Roadmap and
                Strategic Plan; and
         2.     KPI’s including membership and funding targets;
         3.     Removal of potential duplication with existing projects;
    B.   Payment 2 (October 2022) - $15,000 upon presentation of a Progress Report including

                                                                                       Page 9 of 20

Section 10

ORDINARY MEETING MINUTES                                                                       19 MAY 2022


          1.     KPI’s as agreed;
          2.     Outcomes achieved to date and how this translates to community benefit;
          3.     Copies of Minutes of the Chamber Committee Meeting to ensure governance and
                 Committee management in order;
    C.    Monthly Progress meetings with Chamber representatives and Economic Development
          staff in the first six months of the project, and then quarterly for the remainder of the grant
          program.
    D.    That the CEO arrange a workshop to provide Councillors with the final draft funding
          agreement and address any concerns prior to any funding being dispersed.
    For:         Crs Stewart, Wilkie, Lorentson, Jurisevic and Stockwell
    Against:     Cr Wegener
                                                                                                   Carried.
    Cr Finzel returned to the meeting.




2   NOOSA THREATENED FAUNA SPECIES RECOVERY ROAD MAP
    That Council note the report by the Fauna Management Project Officer to the Planning &
    Environment Committee Meeting dated 10 May 2022 regarding the Draft Fauna Threatened
    Species Road Map developed by the Fauna Management Project Officer and note that
    A.    The Road Map will be subject to an ongoing consultation program prior to finalisation;
    B.    Deliverables of the Road Map will be subject to future funding requests under Council’s
          commitment to ‘significant implementation’ of the Noosa Environment Strategy by 2023.




3   3D HAZARD MAPPING TOOL – APPOINTMENT OF SIMTABLE™
    That Council note the report by the Disaster Management Officer to the Services and
    Organisation Committee Meeting dated 10 May 2022 and agree to enter into a medium sized*
    contractual arrangement with Simtable™ for the provision of a 3D hazard simulation tool for a
    trial period of two (2) years, in accordance with section 235 (a) of the Local Government
    Regulation 2012. At the end of the 2 year trial, officers will assess the merits of the 3D Hazard
    Mapping Tool in supporting disaster management activities and whether to continue using it
    long term. Funding of ongoing costs will then be considered through future budget processes
    to determine whether general revenue, grants or other funding is applied.
    *medium sized contractual arrangements are valued between $15,000 and $200,000, exc. GST




4   NOOSA DRIVE PATHWAY PROJECT REFERENCE GROUP - APPOINTMENT OF
    COUNCILLORS TO REFERENCE GROUP
    That Council note the report by the Infrastructure Planning, Design and Delivery Manager to
    the General Committee Meeting dated 16 May 2022 regarding the establishment of the Noosa
    Drive Pathway Project Reference Group and appoint Councillor Wilkie as Chair and Councillor
    Lorentson as a member of the Group.




                                                                                          Page 10 of 20

Section 11

ORDINARY MEETING MINUTES                                                                       19 MAY 2022


5   2122Q125 – CONTRACT FOR PROJECT MANAGMENT SERVICES FOR 2022 FLOOD
    RECOVERY AND RECONSTRUCTION
    That Council note the report by the Disaster Reconstruction Coordinator to the General
    Committee Meeting dated 16 May 2022 and award Contract number 2122Q125 to Erscon
    Engineering Consultants (Erscon), under Section 234 – Exception for LGA arrangement, of
    the Local Government Regulation 2012, to provide Project Management Services to lead the
    Disaster Recovery Funding Arrangements (DRFA) activities as per the guidelines outlined by
    the Queensland Reconstruction Authority (QRA), for a term of 27 Months to the (maximum)
    value of $2,100,000.00 GST exclusive as follows:
    A.    $2,000,000 for Project Management services that will exist until the DRFA acquittal date
          of September 30, 2024. These costs will be recoverable under the guidelines of the
          DRFA so Council will not have to fund this cost; and
    B.    $100,000 for submission administration that will exist until the DRFA acquittal date of
          September 30, 2024. These costs are not recoverable under the guidelines of the DRFA
          and will need funding by Council. It is proposed that the Disaster Management Reserve
          restricted cash be used to fund this activity.



6   MCU21/0151 –  APPLICATION     FOR  MATERIAL     CHANGE    OF  USE                                        –
    TELECOMMUNICATIONS FACILITY SITUATED AT 25 RAILWAY PDE, POMONA
    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 Wegener, inform the meeting that I have a declarable conflict of interest in this matter as I have an
    NBN tower located on my property and receive income from NBN via a lease arrangement. It could be
    viewed that I have an interest in mobile phone networks and NBN towers however as the application is
    by Telstra and it does not indicate NBN or Optus infrastructure I do not believe a reasonable person
    could believe I have a perception of bias. 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.
    Council Resolution
    Moved:            Cr Stewart
    Seconded:         Cr Jurisevic
    That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public
    interest that Cr Wegener participates and votes on this matter because Council believes that Cr
    Wegener 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 Wegener did not vote on the above motion.

    Council Resolution
    Moved:              Cr Jurisevic
    Seconded:           Cr Finzel
    That Council note the report by the Development Planner to the General Committee Meeting
    dated 16 May 2022 regarding Application No. MCU21/0151 for a Development Permit for
    Material Change of Use - Telecommunications Facility situated at 25 Railway Pde Pomona
    and:
    A.    Approve the application in accordance with the following conditions:
          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 the use commencing, and then compliance

                                                                                            Page 11 of 20

Section 12

ORDINARY MEETING MINUTES                                                                19 MAY 2022


                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.
             Plan No.       Sheet   Plan/Document Name                                   Date
                            No.
             QC100259       S0      Site specific notes, prepared by Telstra             18.06.2021
             QC100259       S1      Site Layout and Access, prepared by Telstra          18.06.2021
             QC100259       S1-1    Site Layout, prepared by Telstra                     18.06.2021
             QC100259       S1-2    Site Setout Plan – Option 1, prepared by Telstra     18.06.2021
             QC100259       S3      East Elevation, prepared by Telstra                  18.06.2021
             QC100259       G4      Site Earthing – Option 1, prepared by Telstra        18.06.2021
             QC100259       G4-1    Earthing Scenario 3, prepared by Telstra             18.06.2021
             QC100259       G4-4    Trench Details, prepared by Telstra                  18.06.2021
             QC100259       E2      AC Power Connection, prepared by Telstra             18.06.2021
             QC100259       T2      Concrete Foundation Details, prepared by Telstra     18.06.2021
             QC100259       T2-1    Equipment Platform – H Frame Detail, prepared by     18.06.2021
                                    Telstra
             QC100259       T8      Compound Fence and Gate Details, prepared by         18.06.2021
                                    Telstra (as annotated by Council)
             501-PL         A       Landscape Concept Plan, prepared by Urbis            21.12.2021
        Nature and Extent of Approved Use
        3.      The maximum height of the satellite dish must not exceed the maximum height as
                reflected in the approved plans with respect with the finished ground level and the
                natural ground level.
        4.   No lights are permitted to be attached to the telecommunications facility, except
             where required for hazard lighting purposes or similar.
        Currency Period
        5.      The Currency Period for this development approval lapses if the use has not
                happened by 19 May 2028, unless an application to extend the currency period is
                approved by Council.
        Health and Safety
        6.      The development must not, at any time during the life of the development, result in
                human exposure to environmental electromagnetic emissions exceeding the
                current regulations, standards and/or recommendations of the Australian Radiation
                Protection and Nuclear Safety Agency (ARPANSA). The carrier of the
                infrastructure must provide, at any time upon request by Council, written
                certification to demonstrate compliance with this condition. The written certification
                must assume:
                a.      a maximum number of users over the lifetime of the structure;
                b.      full power usage;
                c.      a maximum down tilt of antennae.
        Colours and Finishes
        7.      The development must be finished in pale eucalypt or the like in order to visually
                blend into the landscape.
        8.      Associated fencing (and gate) as shown on the approved plans must be visually
                unobtrusive and must be camouflaged through the use of colours, materials and
                screening vegetation to blend the fence into the visual landscape.

                                                                                    Page 12 of 20

Section 13

ORDINARY MEETING MINUTES                                                           19 MAY 2022


        Site maintenance
        9.  The site must be kept tidy and well maintained at all times for the life of the
            development.
        Cessation of Use
        10.   The facility must be removed from the site upon cessation of the use.
        Noise
        11.   Written certification is required from a suitably qualified person confirming that
              sound pressure levels from all mechanical plant and equipment comply with the
              following:
              a.   Air-conditioning and equipment
                        7am to 10pm: Maximum level allowable = background + 5dB(A)
                        10pm to 7am: Maximum level allowable = background + 3dB(A)
        12.   The certification must be submitted to Council, which certifies that operational
              noise from any fixed plant and equipment complies with the requirements of this
              Decision Notice.
        Vegetation Retention
        13.   Existing trees on the site must be retained, except where required to be removed
              to accommodate the approved use.
        14.   Existing vegetation in the road reserve must be retained, unless written
              authorisation from Council is granted for the clearing.
        Landscaping Works
        15.   The development site must be landscaped generally in accordance with the
              approved plans and include additional landscaping to enhance the amenity of the
              site. The works must be undertaken in accordance with an Operational Works
              approval and the Noosa Plan and Planning Scheme Policy PSP2 - Landscaping
              for the Pomona area and must include in particular:
              a.   the works shown on the approved Landscape Concept Plan, and in addition
                   include the following:
                   i.     1 x 45L pot size street tree per 8m of road frontage (minimum 7 trees);
                   ii.    Screen planting (minimum 20L pot size) along side boundaries planted
                          at maximum 3 metre centres with a maximum 3 metre height at
                          maturity; and
                   iii.   Screen planting (minimum 20L pot size) planted at maximum 3 metre
                          centres with a maximum 3 metre height at maturity that screens
                          buildings and structures visible from the street (exclusive of access
                          driveways). Planting must be as close to the buildings and
                          infrastructure as practicable for maximum screening.
        16.   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.
        17.   The site must be regularly maintained at all times with all landscape works
              maintained generally in accordance with the approved design for the life of the
              development.
        Damage to infrastructure
        18.   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.

                                                                                 Page 13 of 20

Section 14

ORDINARY MEETING MINUTES                                                          19 MAY 2022


         Stormwater Drainage
         19.    Stormwater runoff from the development must be disposed of on-site without
                causing scour or damage to the subject site or any adjoining property.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    C.   Advise the applicant to remove the demountable building (the former exchange building)
         or obtain building approval within 90 days of the date of this approval.
    D.   Find the following matters relevant to the assessment and sufficient reason to approve
         the application:
         1.     The proposal is minor in nature and is co-located within a site with existing
                telecommunication facilities.
         2.     The proposal can be conditioned to comply with the amenity and character
                elements sought by the Overall Outcomes in the Noosa Plan 2020.
                                                                       Carried unanimously.



7   OPW22/0029   DEVELOPMENT    APPLICATION   FOR   OPERATIONAL   WORKS
    (PRESCRIBED TIDAL WORKS – NOOSA RIVER OYSTER HABITAT RESTORATION) FOR
    NOOSA RIVER
    Council Resolution
    Moved:           Cr Jurisevic
    Seconded:        Cr Wegener
    That Council note the report by Coordinator Engineering to the General Committee Meeting
    dated 16 May 2022 regarding Application No. OPW22/0029 for Operational Works (Prescribed
    Tidal Works – Noosa River Oyster Habitat Restoration for Noosa River and
    A.   Approve the application in accordance with Referral Agency Conditions provided by
         SARA on 7 April 2022 and the following conditions:
         Approved Plans
         1.     Phase 1 – Pilot Phase is only approved as part of this development approval.
         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.
              Plan No.          Rev.   Plan/Document Name                           Date
              NROR-2021-00      A      General Notes & Site Selection               09/07/2021
              NROR-2021-01      -      Restoration Zones                            20/05/2021
              NROR-2021-02      A      Module Designs                               09/07/2021
              NROR-2021-03      A      Goat Island Restoration Site                 09/07/2021
              NROR-2021-04      A      Tewantin Island Restoration Site             09/07/2021
              NROR-2021-05      A      Noosa Sound West Restoration Site            09/07/2021
              NROR-2021-06      A      Noosa Sound East Restoration Site            09/07/2021
         Currency Period
         3.     The development approval lapses if the works have not been substantially started
                by 19 May 2024, unless an application to extend the currency period is approved
                by Council.
         General Conditions
         4.     All works must be undertaken in accordance with the Noosa Oyster Restoration
                Project – Project Restoration Plan prepared by The Nature Conservancy dated
                January 2022.

                                                                                Page 14 of 20

Section 15

ORDINARY MEETING MINUTES                                                            19 MAY 2022


        5.    All works must be undertaken in accordance with Maritime Safety Queensland
              (MSQ) and Department of Agriculture and Fisheries (DAF) requirements relating
              to signage and aids to navigation as detailed in the Noosa Oyster Restoration
              Project – Project Restoration Plan (Section 7) prepared by The Nature
              Conservancy dated January 2022.
        6.    All works must be undertaken in accordance with DAF requirements relating to
              notifications, marking of approved boundary areas and restoration of marine
              plants/tidal profiles that are temporarily impacted as a result of the works as
              detailed in the SARA Decision Notice.
        7.    All works must be undertaken in accordance with Best Practice Erosion and
              Sediment Control (BPESC) guidelines for Australia (International Erosion Control
              Association).
        8.    All works must be undertaken in accordance with Sections 6.1 and 6.4 of Noosa
              Oyster Ecosystem Restoration Project - Project Restoration Plan prepared by The
              Nature Conservancy Australia dated January 2022.
        9.    All works must be undertaken in accordance with the current Queensland Acid
              Sulfate Soil Technical Manual: Soil management guidelines, prepared by the
              Department of Science, Information Technology, Innovation and the Arts, 2014.
        10.   All materials used for construction works must be clean materials to ensure that
              the works do not contaminate the waterway.
        11.   All structures must be designed and constructed such that they are free standing
              within the waterway and are not connected to or behind the revetment wall.
        12.   All structures must have no detrimental effects on stormwater drains and/or
              easements.
        13.   In the event of collapse or failure of structural integrity of the oyster restoration
              substrates, the works must be removed from the waterway or reconstructed in
              accordance with this development approval.
        14.   All works must be undertaken in accordance with an approved Construction
              Environmental Management Plan (CEMP) which consolidates the commitments
              and management measures described in the Noosa Oyster Ecosystem
              Restoration Project – Project Restoration Plan including, but not limited to:
              a.    A Site Management Plan which describes environmental management
                    measures at the proposed load out site including details of stockpile
                    management;
              b.    An Erosion and Sediment Control Plan (ESCP) in accordance with BPESC
                    guidelines;
              c.    A Marine Plant and Water Quality Monitoring Plan designed to monitor the
                    composition of marine plant assemblages at habitat restoration sites and
                    appropriate sites upstream and downstream; and
              d.    A Marine Biosecurity Management Plan for construction vessels.
              The CEMP should be submitted to Council for approval 20 business days prior to
              the commencement of works.
        15.   A monitoring report must be provided to Council on a six-monthly basis for the first
              year (and annually for the following 4 years) following completion of construction
              works which details the results of restoration monitoring and evaluation, including
              adaptive management measures taken and the success or otherwise of those
              measures.
        16.   Upon completion of construction works, any construction debris or waste must be
              removed from site and disposed of appropriately.

                                                                                  Page 15 of 20

Section 16

ORDINARY MEETING MINUTES                                                               19 MAY 2022


            17.   Lighting associated with the construction phase must be designed, installed,
                  operated and maintained in accordance with Section 3 of AS4282 Control of the
                  Obtrusive Effects of Outdoor Lighting.
            18.   Wastewater and sullage must only be disposed of at approved pumpout facilities.
            19.   Any construction and post construction activity must not impact on the condition of
                  the waterway, and is to be conducted so as not to breach the Environmental
                  Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
            20.   Certification by a Registered Professional Engineer of Queensland that states that
                  the oyster habitat restoration substrates are constructed in accordance with best
                  practice methods and is structurally sound must be submitted to Council. This
                  certification must be submitted to Council within three (3) months of the completion
                  of the works.
            21.   After completion, the proposed works must be maintained in a sound state of repair
                  in accordance with the approved plans
     B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
     For:         Crs Wilkie, Jurisevic, Wegener and Stockwell
     Against:     Crs Finzel, Lorentson and Stewart
                                                                                             Carried.




8    FINANCIAL PERFORMANCE REPORT – APRIL 2022
     That Council note the report by the Financial Services Manager (Acting) to the General
     Committee Meeting dated 16 May 2022 outlining April 2022 year to date financial performance
     against budget, including changes to the financial performance report with the inclusion of key
     financial sustainability indicators.




9    OPERATIONAL PLAN PROGRESS REPORT – THIRD QUARTER 2021-22
     That Council note the report by the Chief Executive Officer to the General Committee Meeting
     dated 16 May 2022 regarding the 2021-22 Operational Plan and:
     A.     Note the progress report for the 2021-22 Operational Plan to 31 March 2022 provided
            as Attachment 1; and
     B.     Note the status of Council’s Key Performance Indicators provided as Attachment 2.




Council Resolution
Moved:            Cr Wilkie
Seconded:         Cr Finzel
That the report of the General Committee dated 16 May 2022 be received and the recommendations
therein be adopted except where dealt with by separate resolution.
                                                                         Carried unanimously.




                                                                                     Page 16 of 20

Section 17

ORDINARY MEETING MINUTES                                                           19 MAY 2022


9.   ORDINARY MEETING REPORTS

1    COUNCILLOR   REPRESENTATION   ON     VARIOUS                     BOARDS,       EXTERNAL
     ORGANISATIONS AND WORKING GROUPS 2022
     Council Resolution
     Moved:           Cr Jurisevic
     Seconded:        Cr Wilkie
     That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 19
     May 2022 and make the following Councillor appointments (noting that these supersede any
     prior appointments):
     A.   Appoint Cr Stewart - Mayor as Chair and Cr Jurisevic as Deputy Chair to the Local
          Disaster Management Group;
     B.   Appoint the Cr Jurisevic as Chair to the Local Disaster Recovery Committee;
     C.   Appoint Cr Stewart - Mayor, Cr Wegener and Cr Stockwell to the Case Management
          Working Group;
     D.   Appoint Cr Wegener to the Environment Levy Working Group;
     E.   Appoint Cr Finzel as Chair of the Regional Arts Development Fund Committee (RADF);
     F.   Appoint Cr Wilkie to the Rufous Street Project Control Group;
     G.   Appoint Cr Finzel as Chair of the Noosa Heritage Reference Group;
     H.   Appoint the Cr Wilkie as Chair and Cr Stewart - Mayor and Cr Jurisevic to the Capital
          Works Executive;
     I.   Appoint Cr Wilkie as Chair and Cr Stewart - Mayor and Cr Lorentson to the Transport
          Strategy Steering Group;
     J.   Appoint Cr Stewart – Mayor, as Chair, and Cr Wilkie to the CEO Performance Review
          Committee;
     K.   Appoint Cr Stewart - Mayor and Cr Lorentson to the Teewah and Cooloola Working
          Group;
     L.   Appoint Cr Wilkie and Cr Finzel as Council’s representatives for the Hinterland
          Playground Reference Group;
     M.   Appoint the Cr Wilkie as Chair and Cr Finzel and Cr Stockwell to the Noosa Biosphere
          Trails PCG;
     N.   Appoint Cr Stewart - Mayor as Chair and Cr Stockwell and Cr Wegener to the Climate
          Change Response Plan Group;
     O.   Appoint the Wilkie as Chair, and Cr Finzel and Cr Lorentson to the Climate Change
          Adaption Plan Project Control Group;
     P.   Appoint Cr Stewart - Mayor to the Noosa River Stakeholder Advisory Committee;
     Q.   Appoint the following Councillors to the Management Committee for the Memorandum
          of Understanding (MOU) with the Sunshine Coast University (SCU):
          1.     Cr Finzel until December 2022;
          2.     Cr Lorentson from January 2022 until August 2023; and
          3.     Cr Wegener from September 2023 until March 2024;
     R.   Appoint Cr Lorentson as Council’s Observer on the Tourism Noosa Board;
     S.   Appoint Cr Wegener to the Noosa Biosphere Reserve Foundation Board;


                                                                                Page 17 of 20

Section 18

ORDINARY MEETING MINUTES                                                          19 MAY 2022


    T.    Appoint Cr Jurisevic to the Northern SEQ Regional Roads and Transport Group;
    U.    Appoint Cr Wegener to the Mary River Catchment Coordinating Committee with Cr
          Jurisevic as proxy;
    V.    Appoint Cr Stewart - Mayor as Council’s representative to the State Government Peer to
          Peer Economy and Short-Term Letting Industry Reference Group;
    W.    Appoint Cr Wilkie as Council’s representative to the Sunshine Coast Airport Community
          and Aviation Forum;
    X.    Appoint Cr Stockwell to the Climate Emergency Australia Strategic Advisory Group;
    Y.    Appoint Cr Stewart - Mayor to the Council of Mayors (SEQ);
    Z.    Appoint Cr Jurisevic as Councils representative and Cr Wegener as Proxy to the Council
          of Mayors (SEQ) Waste Working Group;
    AA. Appoint Cr Stewart - Mayor to the Council of Mayors (SEQ) SEQ 2032 Legacy Working
        Group;
    BB. Appoint all councillors to attend the Councillor Discussion Forums;
    CC. Appoint the following Councillors to the Regional Sporting complexes:
          1.   Cr Finzel as Council’s representative on the Cooroy Sports Complex Committee;
          2.   Cr Jurisevic as Council’s representative Tewantin Sports Complex Committee;
    DD. Appoint Cr Lorentson on the Noosa World Surfing Reserve Committee;
    EE. Appoint Cr Wilkie be the Council’s representative on the Cooroy Futures Group;
    FF.   Appoint Cr Stewart – Mayor and Cr Wegener to the Audit and Risk Committee.
                                                                       Carried unanimously.




                                                                                Page 18 of 20

Section 19

ORDINARY MEETING MINUTES                                                                  19 MAY 2022


10.   CLOSED SESSION
      Nil.




11.   PUBLIC QUESTION TIME


      1.     BRIAN O’CONNOR
             Question 1.
             With just a few parcels of land available at the Cooroy Business Park and industrial park
             and the council actively examining these sites for affordable housing, will Noosa Council
             undertake a study into the likely take-up of available commercial land in the Noosa
             Hinterland over the next 10 years, with a view to ascertaining where to locate and rezone
             suitable additional and flood-free land for rural enterprise and commercial activities so
             as to grow and diversify the local economy?
             Response by Leo Jensen, Acting Director Environment & Sustainable
             Development
             Council is not actively examining the sites you mention for housing. Council will be
             undertaking an Employment Land Review next year. This study will look at supply and
             demand for employment land across the Shire. The study will consider the changing
             trends in employment land both commercial and industrial. The exact timing for this study
             is not yet determined.
             Question 2:
             Noosa Council regularly must deal with complaints about inappropriate backyard
             businesses creating nuisance for neighbours or wanting to expand in-situ. When the
             council acts on complaints, or refuses expansion, what is to happen to these businesses
             or where can they relocate? Similarly, work-from-home desktop computer businesses
             and so-called 'next-generation' digital start-ups look to co-locate to a business hub
             offering creative and practical synergies of co-habitation. What is Noosa Council doing
             to facilitate this type of job-creation economic activity in the hinterland, where a younger
             cohort of people is moving for lifestyle and a relatively cheaper mortgage?
             Response by Leo Jensen, Acting Director Environment & Sustainable
             Development
             The last few years has shown how easily many people can work from home, and likewise
             many residents choose to purchase a high proportion of their goods over the internet
             having them delivered. Most home-based businesses cause very little impact or concern
             and can continue and are supported in the Noosa Plan. There are vacancies in the
             various town centres with underdeveloped sites remaining. There remains flood-free
             undeveloped industrial land in Cooroy. Council also has established the Peregian Digital
             Hub which attracts people to it from all over the Shire. Start-ups do not need to be a
             tenant of the Hub to benefit from the range of programs and ecosystem support available
             for those working in the digital sector in the Shire. This includes the Digital Tribes
             Networks, and a number of professional development events regularly hosted at the Hub
             (both in person and online). Council is satisfied that there are opportunities available
             should home-based businesses outgrow their premises.




                                                                                       Page 19 of 20

Section 20

ORDINARY MEETING MINUTES                                                         19 MAY 2022


12.   NEXT MEETING

      The next Ordinary Meeting will be held on 16 June 2022 at the Council Chambers, 9 Pelican
      Street, Tewantin commencing at 5pm.




13.   MEETING CLOSURE

      The meeting closed at 5.56pm.




                                                                               Page 20 of 20

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