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2021-06-08 Planning & Environment Committee Meeting Minutes
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MINUTES
Planning & Environment
Committee Meeting
Tuesday, 8 June 2021
9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 JUNE 2021
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor)
Cr Joe Jurisevic (non-Committee Councillor – for reports 1 – 8)
Cr Frank Wilkie (non-Committee Councillor – for reports 4 - 9)
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment & Sustainable Development
The meeting commenced at 9.30am.
2 CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
The Minutes of the Planning & Environment Committee Meeting held on 11 May 2021 be
received and confirmed.
Carried unanimously.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 2 of 6
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 JUNE 2021
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU20/0155 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT
TERM ACCOMMODATION AT 75 WILLIAMS ROAD, KIN KIN
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Finzel
That Planning & Environment Committee Agenda Item 1 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
2 RAL20/0019 – APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT INTO 2
LOTS) AND CREATION OF AN ACCESS EASEMENT AT 23 JIRIMMA CRESCENT,
COOROIBAH
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Stewart
That Planning & Environment Committee Agenda Item 2 be referred to the General
Committee for further consideration.
Carried unanimously.
3 MCU20/0037 PLANNING & ENVIRONMENT COURT APPEAL NO. BD1074 OF 2021
- REFUSAL OF AN APPLICATION FOR MULTIPLE HOUSING - TYPE 2 DUPLEX
AT 11 MARGIT CRES, SUNRISE BEACH
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Finzel
That Council note the report by the Manager Development Assessment to the Planning
& Environment Committee Meeting dated 8 June 2021 regarding Planning &
Environment Court Appeal No. BD1074 of 2021 and agree to defend the appeal.
Carried unanimously.
4 MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO. D176 OF 2019 -
REFUSAL OF APPLICATION FOR 16 ANCILLARY DWELLING UNITS AT 64
GATEWAY DRIVE, NOOSAVILLE
Item considered under Closed Session – Item 7.
5 MCU20/0008 - PLANNING & ENVIRONMENT COURT APPEAL NO. D102 OF 2020
– REFUSAL OF ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE,
NOOSAVILLE
Item considered under Closed Session – Item 7.
Page 3 of 6
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 JUNE 2021
6 NOOSA BUSHLAND RESERVE STRATEGIC MANAGEMENT PLAN
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Stewart
That Planning & Environment Committee Agenda Item 6 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
7 NOOSA BUSHLAND RESERVE STRATEGIC FIRE MANAGEMENT PLAN 2021
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Planning & Environment Committee Agenda Item 7 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
8 NOOSA BIOSPHERE RESERVE FOUNDATION - NEW PARTNERSHIP
AGREEMENT 2021-2025
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Wegener
That Planning & Environment Committee Agenda Item 8 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
6 REPORTS FOR NOTING BY THE COMMITTEE
9 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – APRIL
2021
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 No 9 Pty Ltd which is item 12 in this report. I have
a relationship with Leigh McCready who is associated with the applicant as Mrs McCready was
involved with 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.
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 No 9 Pty Ltd which is item 12 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.
Page 4 of 6
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 JUNE 2021
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 No 9 Pty Ltd which is item 12 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.
As the only remaining non-conflicted Councillor, Cr Wegener assumed the Chair for the purpose
of considering the conflict of interest declaration of Cr Stockwell. Cr Wegener determined that
it is in the public interest that Cr Stockwell participates and votes on this matter because he
believes that as Council's consideration of this application is not to approve or reject it, only to
note a decision that has already been made by staff, a reasonable person would trust that the
final decision is made in the public interest.
Cr Stockwell resumed the Chair.
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stockwell
That Council note the report by the Development Assessment Manger to the Planning
& Environment Committee Meeting dated 8 June 2021 regarding planning applications
that have been decided by delegated authority.
Carried unanimously.
Crs. Finzel and Stewart re-joined the meeting.
7 CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Wegener
Seconded: Cr Stewart
That the meeting be closed to the public pursuant to section 254J(3)(e) of the Local
Government Regulation 2012 for the purpose of discussing legal advice relating to appeals
in the Planning & Environment Court so that Council’s legal position is protected in relation
to Item 4 - MCU19/0081 Planning & Environment Court Appeal No. D176 of 2019 - Refusal
of Application for 16 Ancillary Dwelling Units at 64 Gateway Drive, Noosaville and Item 5 -
MCU20/0008 - Planning & Environment Court Appeal No. D102 of 2020 – Refusal of Ancillary
Dwelling Unit at 1/33 Gateway Drive, Noosaville.
Carried unanimously.
Page 5 of 6
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 JUNE 2021
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
That the meeting be re-opened to the public.
Carried unanimously.
4 MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO. D176 OF 2019 -
REFUSAL OF APPLICATION FOR 16 ANCILLARY DWELLING UNITS AT 64
GATEWAY DRIVE, NOOSAVILLE
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Stewart
That Planning & Environment Committee Agenda Item 4 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
5 MCU20/0008 - PLANNING & ENVIRONMENT COURT APPEAL NO. D102 OF 2020
– REFUSAL OF ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE,
NOOSAVILLE
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stockwell
That Planning & Environment Committee Agenda Item 5 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
The meeting closed at 12.01pm.
Page 6 of 6