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Meeting minutes
MINUTES
General Committee
Meeting
Monday, 18 September 2023
12:30 PM
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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Page 2
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Councillor Frank Wilkie (Chair)
Councillor Karen Finzel
Councillor Joe Jurisevic
Councillor Amelia Lorentson
Councillor Clare Stewart
Councillor Brian Stockwell
Councillor Tom Wegener
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Corporate Services Trent Grauf
Director Strategy and Environment Kim Rawlings
Acting Director Infrastructure Services Shaun Walsh
Director Development & Regulation Richard MacGillivray
2. CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Amelia Lorentson
The Minutes of the General Committee Meeting held on 14 August 2023 be received
and confirmed.
Carried unanimously.
3. PRESENTATIONS
Nil
4. DEPUTATIONS
4.1. DANIEL MOISANDER
TOPIC: RAL22/0027
5. ITEMS REFERRED FROM COMMITTEES
5.1. 131998.981211.5 - APPLICATION FOR OTHER CHANGE TO
DEVELOPMENT APPROVAL (12637DA) INTEGRATED PERMACULTURE
DESIGNED ORGANIC ORCHARD AND GOLF COURSE COMPLEX (18
HOLES) TO INCLUDE GROUP FARM STAY ACCOMMODATION &
ASSOCIATED SUPPORTING INFRASTRUCTURE AT 59 KABI ROAD,
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GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023
COOTHARABA (REFERRED FROM PLANNING AND ENVIRONMENT
COMMITTEE DATED 12 SEPTEMBER 2023 - ITEM 5.3).
In accordance with Chapter 5B of the Local Government Act 2009, Cr Tom
Wegener provided the following declaration to the meeting of a declarable conflict
of interest in this matter:
I, Cr Tom Wegener inform the meeting that I have a declarable conflict of interest,
upon request to staff for the permaculture report which was mentioned in the
applicant's submission, it was revealed that the permaculture report was written
by Tom Kendall, a local permaculture expert. As the president of the community
group Permaculture Noosa, I have learned from Tom Kendall and visited his
permaculture property. However, he is not a personal friend and I do not socialise
with him outside of our common interest of Permaculture. I believe I can make a
judgment 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 Brian Stockwell
Seconded: Cr Joe Jurisevic
That Council note the declarable conflict of interest by Cr Wegener and determine
Cr Wegener can participate and vote on this matter because Council believes
that as Mr Kendall is not a close associate and that 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.
The following material was presented to the meeting in relation to this item:
Cr Stockwell – refer to Attachment 1 to the minutes.
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Amelia Lorentson
That Council note the report by the Acting Coordinator Planning Assessment to
the Planning & Environment Committee Meeting dated 12 September 2023
regarding Application No. 131998.981211.5 for an Other Change to
Development Approval (12637DA) - Integrated Permaculture Designed Organic
Orchard and Golf Course Complex (18 holes) to include Group Farm Stay
Accommodation (undefined use) and associated supporting infrastructure
(maximum 299 beds), situated at 59 Kabi Rd Cootharaba and:
A. Refuse the application for the following reasons:
1. The proposal does not further the SEQ Regional Plan 2017 strategy to
intensify or diversify on-farm agricultural activities as the proposed
permaculture and food production is not of a significant scale, largely
intended for farm stay guests, will alienate agricultural land and
compromise the rural production of the land.
2. The proposal is contrary to the Strategic Framework of the Noosa Plan
2020 as the proposed farm stay activity:
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GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023
a) Will permanently alienate land that is mapped as agricultural
land conservation area and will not result in a direct expansion of the
site’s agricultural activities.
b) Will be more than complementary to the agricultural use of the
land, as it will be the proposal’s primary use.
c) Is not small scale or fit for its setting comprising 3 villages and a
large common communal area with access via a small local rural
road that currently has little traffic movement.
3. The proposal is contrary to Overall Outcomes 2(c), (h), (i) & (p),
Performance & Acceptable Outcomes PO2, AO2.2, AO2.3, PO4 and PO5
of the Rural Zone Code of the Noosa Plan 2020 as:
a) The applicant has failed to demonstrate there is an
overwhelming Planning need for the proposal to be located on land
identified for Agricultural Land Conservation and the proposal will
further alienate land from rural production in the future.
b) The scale of the farm stay activity is not small scale, and the
traffic anticipated to be generated would detract from the rural
amenity enjoyed by nearby residents.
4. The proposal is contrary to Performance Outcome PO3 of the Visitor
Accommodation Code as it is of a scale that is not compatible with the
zoning intent and preferred character for the local area.
5. The proposal does not meet PO6 of the Bushfire Hazard Overlay Code
as it has not been demonstrated that an efficient and safe evacuation route
is available to residents and that emergency vehicles can access the site.
6. The proposal is of a significantly different scale and character to the
approved golf course and permaculture orchard and has a more permanent
nature.
B. Note the report is provided in accordance with Section 63(5) of the
Planning Act 2016.
Carried unanimously.
6. REPORTS DIRECT TO GENERAL COMMITTEE
6.1. NOOSA RIVER CATCHMENT MANAGEMENT PLAN
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in
this matter due to my long standing connection with Noosa District Landcare as
one of the inaugural members of the unincorporated group dating back to the
1980s and a current ordinary member. Noosa District Landcare is identified as
being consulted in the report. Although I have a declarable conflict of interest, I do
not believe a reasonable person could have a perception of bias considering the
community nature of this relationship. I believe I can make an impartial decision
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GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023
in the public interest in this matter and l therefore choose to remain in the meeting
room. However, I will respect the decision of the meeting on whether I can remain
and participate in the decision.
Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Stockwell and determine
that Cr Stockwell participates and votes on this matter because Council believes
that a reasonable person would trust that the final decision is made in the public
interest.
Carried unanimously.
Councillor Stockwell did not vote on the above motion.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in
this matter as I have a long-standing relationship with MRCCC as a previous
government employee and a longterm collaborator since 1994. I have in the past
had a small consultant contract below the limit for a Prescribed Conflict and prior
to the declarable time frame. I was up until the last AGM Council's
representative on the committee and in this role I played a role in facilitating and
developing the group's revised catchment strategy. Although I have a declarable
conflict of interest, I do not believe a reasonable person could have a perception
of bias considering the community nature of this relationship. I will choose to
remain in the meeting room. However, I will respect the decision of the meeting
on whether I can remain and participate in the decision.
Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Frank Wilkie
That Council note the declarable conflict of interest by Cr Stockwell and
determine that Cr Stockwell participates and votes on this matter because
Council believes that Cr Stockwell does not stand to gain personally or
materially through noting this report, and therefore a reasonable person would
trust the final decision is made in the public interest.
Carried unanimously.
Cr Stockwell did not vote on the above motion.
Procedural Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
That item 6.1 Noosa River Catchment Management Plan be deferred to the next
round of meetings to allow Councillors and other stakeholders an opportunity to
consider the details and implications of the draft Noosa River Catchment Plan
and provide feedback.
For: Crs Stewart, Lorentson, Finzel and Jurisevic
Against: Crs Stockwell, Wilkie and Wegener
Carried.
Page 6
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023
6.2. FINANCIAL PERFORMANCE REPORT – AUGUST 2023
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Manager Financial Services (Acting) to the
General Committee Meeting dated 18 September 2023 outlining August 2023
year to date financial performance against budget, including changes to the
financial performance report with the inclusion of key financial sustainability
indicators.
Carried unanimously.
6.3. YEAR IN REVIEW - 2022/23
Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That Council note the report by the Chief Executive Officer (Acting) to the General
Committee Meeting dated 18 September 2023 providing a review of Council’s
progress in the 2022/23 financial year towards achieving the five key focus areas
set out in Council’s Corporate Plan and thank Council staff for their efforts in the
last twelve months to progress so many significant projects and providing
outstanding service to our community.
Carried unanimously.
7. CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That the meeting be closed to the public pursuant to section 254J(3) (g) of the
Local Government Regulation 2012 for the purpose of discussing commercial
matters involving the local government for which a public discussion would be likely
to prejudice the interests of the local government for:
Report 7.1 - CONTRACT NO. CN00209 - CLEANING OF OPEN SPACE
AND PUBLIC AMENITIES
Report 7.2 - PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF
2023 – APPLICATION FOR MULTIPLE DWELLING (20 UNITS) -
MCU22/0031 & OPERATIONAL WORKS CLEARING OF VEGETATION -
OPW22/0062 AT 11C CHURCH STREET, POMONA
Page 7
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023
Report 7.3 - 2122Q125 – CONTRACT VARIATION FOR PROJECT
MANAGMENT SERVICES FOR 2022 FLOOD RECOVERY AND
RECONSTRUCTION
Carried unanimously.
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That the meeting be opened to the public.
Carried unanimously.
7.1. CONTRACT NO. CN00209
- CLEANING OF OPEN SPACE AND PUBLIC AMENITIES
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
That Council note the report by the Parks & Gardens Coordinator – to the
General Committee 18 September 2023 and
A. Award Contract No. CN00209 Cleaning of Open Space and Public
Amenities to the contractors nominated in the Parks & Gardens Coordinator
report to the General Committee 18 September 2023.
B. Award Contract No. CN00209 Cleaning of Open Space and Public
Amenities for an initial term of up to two (2) years, commencing 23 October
2023 and expiring 22 October 2025 with an option to extend for three (3) further
periods of up to twelve (12) months each. The option to extend will be at
Council’s own discretion and subject to the Contractor’s ability to meet the
requirements under the Contract.
C. Authorise the CEO to negotiate the final contract with the four (4) suppliers
as listed.
Carried unanimously.
7.2. PLANNING &
ENVIRONMENT COURT APPEAL NO. D14 OF 2023 – APPLICATION FOR
MULTIPLE DWELLING (20 UNITS) - MCU22/0031 & OPERATIONAL WORKS
CLEARING OF VEGETATION - OPW22/0062 AT 11C CHURCH STREET,
POMONA
Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Amelia Lorentson
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GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023
That Council note the report by the Manager Development & Regulation to the
General Committee Meeting dated 18 September 2023 regarding regarding
Planning & Environment Court Appeal No. D14 0f 2023 and:
A. Agree to settle the appeal generally in accordance with the proposed
conditions outlined in Attachment 1.
B. Include the following property note on the lots:
1. To ensure the safety of people and property on this property is
maintained, all buildings and structures must be sited and/or constructed
in accordance with the bushfire management conditions of Council
Approval MCU22/0031 and associated Operational Work approvals.
Carried unanimously.
7.3. 2122Q125 – CONTRACT
VARIATION FOR PROJECT MANAGMENT SERVICES FOR 2022 FLOOD
RECOVERY AND RECONSTRUCTION
Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That Council note the report by the Disaster Reconstruction Coordinator to the
General Meeting Dated 18 September, and endorse the CEO to execute all
documents and undertake all things necessary to:
A. Give effect to the novation of contract 2122Q125 from Erscon Pty Ltd to
NorthLane Pty Ltd; and;
B. Increase the value of contract 2122Q125 by $1,236,055.20 (GST exc.)
from $2,100,000.00 (GST exc.) to $3,336,055.20 (GST exc.), and the
period until 31 July 2024.
Carried unanimously
8. MEETING CLOSURE
The meeting closed at 4.40pm