2021-06-08 Planning & Environment Committee Meeting Minutes

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.



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