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Meeting minutes
MINUTES
Ordinary Meeting
Thursday, 20 July 2023
5:00 PM
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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Page 2
ORDINARY MEETING MINUTES 20 JULY 2023
1. ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor Clare Stewart
Councillor Karen Finzel
Councillor Joe Jurisevic
Councillor Amelia Lorentson
Councillor Brian Stockwell
Councillor Tom Wegener
Councillor Frank Wilkie
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Strategy and Environment and Sustainable Development Kim Rawlings
Director Development & Regulation Richard MacGillivray
Director Community Services Kerri Contini
Director Corporate Services Trent Grauf
Acting Director Infrastructure Services Shaun Walsh
APOLOGIES
Nil.
2. CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
The Minutes of the Ordinary Meeting held on 15 June 2023 be received and confirmed.
Carried unanimously.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
The Minutes of the Special Meeting held on 30 June 2023 be received and confirmed.
Carried unanimously.
3. MAYORAL MINUTES
Nil.
4. PETITIONS
Nil
5. NOTIFIED MOTIONS
Nil.
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ORDINARY MEETING MINUTES 20 JULY 2023
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
8. CONSIDERATION OF COMMITTEE REPORTS
8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT – 11 JULY 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Tom Wegener
Cr Karen Finzel
Cr Brian Stockwell
NON COMMITTEE MEMBERS
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Frank Wilkie
EXECUTIVE
Director Strategy and Environment and Sustainable Development, Kim Rawlings
Acting Chief Executive Officer, Larry Sengstock
Director Development & Regulation, Richard MacGillivray
APOLOGIES
Cr Clare Stewart
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR,
FOOD, AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT
COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS
That Planning & Environment Committee Agenda Item 5.1 be referred to the General
Committee due to the significance of the issue.
5.2. 132001.210127.3 - CHANGE TO DEVELOPMENT APPROVAL - CHANGING
SHARED ROOMS TO SINGLE ROOMS - OZCARE - 100 COOYAR STREET,
NOOSA HEADS
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding Application No.
132001.210127.3 to make a minor change to an existing approval for a Development
Permit for a Material Change or Use for Stage 3 – Aged Persons Home (20 Beds)
situated at 100 Cooyar Street, Noosa Heads and:
1. Approve the change.
2. Amend the development description to read as follows:
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ORDINARY MEETING MINUTES 20 JULY 2023
o Development Permit for a Material Change of Use - Residential Care
Facility (130 beds)
3. Amend conditions 15 and 26 as outlined in Attachment 1 - Proposed amended
and additional conditions
4. Delete conditions 1, 2, 23, 27 and 28.
5. Include additional conditions as outlined in Attachment 1 - Proposed amended
additional conditions.
6. Agree to enter into an Infrastructure Agreement with Ozcare (the Owner) in
respect of construction of access track crossing, maintenance of vegetation
buffer one and access track (including crossing) for the Girraween Nature
Refuge and the Residential Care Facility.
7. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
5.3. DBW21/0216 - APPLICATION FOR BUILDING WORKS FOR A DWELLING
HOUSE AT 60 SEAVIEW TERRACE, SUNSHINE BEACH
That Council note the report by the Graduate Development Planner to the Planning
and Environment Committee Meeting dated 11 July 2023 regarding Application No.
DBW21/0216 for a Development Permit for Building Works – Dwelling House situated
at 60 Seaview Terrace, Sunshine Beach and:
A. Refuse the application for the following reasons:
1. The proposal does not comply with Acceptable Outcome AO7.1 and
corresponding Performance Outcome PO7 of the Low Density Residential Zone Code
as it:
i. Is proposed to exceed 8 metres in building height from finished ground level
ii. Will visually dominate the surrounding area; and
iii. Has the potential to obstruct views and cause overshadowing of dwellings
within proximity of the site.
2. The proposal does not comply with Acceptable Outcome AO8.1 and
corresponding Performance Outcome PO8 of the Low Density Residential Zone Code
as it:
i. Exceeds site cover requirements of 50% for one storey and 30% for the other
storey or 40% for both storeys;
ii. Is not of a scale that is compatible with surrounding development;
iii. Has not included the opportunity for soft landscaping between buildings; and
iv. Presents an appearance of bulk to adjacent properties.
3. The proposal does not comply with Acceptable Outcome AO9.3 and
corresponding Performance Outcome PO9 of the Low Density Residential Zone Code
as:
i. The northern side boundary setback does not comply with minimum side setback
requirements;
ii. The built to boundary garage and bin structures do not comply with minimum
side setback requirements;
iii. Will impact on the visual and acoustic amenity of adjoining premises;
iv. Has the capacity to cause issues of overlooking of private open space of
adjoining premises; and
v. Does not provide adequate distance from adjoining land uses.
4. The proposal does not comply with Acceptable Outcome AO16.3 and
corresponding Performance Outcome PO16 of the Low Density Residential Zone
Code as the proposed rooftop terrace will have the potential to obstruct views of
dwellings within proximity of the site and create issues of overlooking to neighbouring
properties. the privacy walls associated with the proposed roof top terrace will also
create excessive bulk to neighbouring properties.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
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ORDINARY MEETING MINUTES 20 JULY 2023
5.4. RAL22/0021 - RECONFIGURE A LOT (1 INTO 2 LOTS) AT 39-41 PICTURE
POINT CRESCENT, NOOSA HEADS
That Council note the report by the Acting Coordinator Planning to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding Application No.
RAL22/0021 for a Development Permit for Reconfiguring a Lot – 1 into 2 lots, situated
at 39-41 Picture Point Crescent Noosa Heads and
A. Refuse the application for the following reasons:
1. The proposal is contrary to Overall Outcomes 2(a), (b), (c) & (d), Performance
Outcomes PO5, PO6, PO7, and Acceptable Outcome AO5.1, AO5.2, AO7.3, AO7.4,
AO7.5, AO7.7 of the Reconfiguring a Lot Code as:
a. The proposed lots are not consistent with the size and character of
surrounding lots and are less than the required minimum lot size and width.
b. The proposed lots are irregular in shape, with the proposed lot shape not
necessitated by a curve in the road, topographical constraints, or the site’s
vegetation, with the lot shape constraining their future development for multiple
dwellings.
c. The future development of the lots is likely to result in duplication of
accessways and services, excessive earthworks and modification to the
landform which will impact on the amenity and character of the area.
d. The proposed development is not consistent with the Overall Outcome 2(o) of
the Noosa Heads Locality Plan Code to accommodate a greater diversity in
housing types as the proposed reconfiguring a lot will limit the opportunities
for further multiple dwellings in Noosa Heads.
2. The proposed lots are not consistent with the Overall Outcome 2(f) and
Performance Outcome PO1 of the High Density Residential Zone Code to
accommodate multiple dwellings to the exclusion of dual occupancy and dwelling
houses, as the proposed lots are unlikely to be able to accommodate multiple
dwellings consistent with the code’s built form requirements.
3. The proposed development is contrary to Overall Outcome 2(c), (d) & (h),
Performance Outcome PO2 and Acceptable Outcome AO2 of the Biodiversity,
Waterways and Wetlands Overlay Code as the proposed lot boundaries transect a
wildlife corridor and no rehabilitation is proposed to improve this ecological linkage.
4. The proposed lots are in part located in a medium bushfire hazard area and the
Bushfire Management Plan does not make any assessment of the proposed
development or identify any bushfire mitigation measures, based on ecological
principles, to minimise the risk to people and property from bushfire hazard.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
5.5. MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
– HOME-BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY,
COOTHARABA
That the Planning and Environment Committee Agenda Item 5.5 be referred to the
General Committee and request the CEO to liaise with the applicant regarding a range
of matters that would reduce the potential impact such as:
Limiting the use to 3 days a week and the hours 9am to 5pm;
Installing acoustic barriers around the compressor and any other noise making
machinery likely to create a nuisance outside of the property boundaries;
Adopting work practices that buffer and direct noise away from neighbouring
properties; and
Conducting all operations to comply with noise limits set by the relevant
Environmental Protection Policy.
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ORDINARY MEETING MINUTES 20 JULY 2023
5.6. MCU23/0019 - SHORT TERM ACCOMMODATION AT 2A WOONGAR
STREET, BOREEN POINT
That Planning & Environment Committee Agenda Item 5.6 be referred to the General
Committee for further consideration and request the CEO to provide appropriate
conditions considering the environmental sensitivity of the site including the control of
dogs and other activities that may impact on environmental values.
5.7. MCU16/0090.02 - MINOR CHANGE TO THE EXISTING APPROVAL FOR
THE PURPOSE OF PROVIDING A CAFÉ FOR GUESTS OF THE COMMUNITY
USE – WELLBEING – TYPE 2 SOCIAL ON LAND AT 468 MCKINNON DRIVE,
COOROIBAH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener
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 in relation to the application by Sunshine Butterflies as on 23 October 2020 I
provided them with a donation of surfboard making equipment valued at
approximately $1200. Although I have a declarable conflict of interest, I do not believe
a reasonable person could have a perception of bias because I do not have any other
association with that organisation. 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 Frank Wilkie
Seconded: Cr Clare Stewart
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 he 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 Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding Application No.
MCU16/0090.02 for a Minor Change to an existing approval for Material Change of
Use - Community Use – Wellbeing – Type 2 – Social, situated at 468 McKinnon Drive,
Cooroibah and:
A. Approve the change.
B. Amend conditions 1 & 2 to read as outlined in Attachment 1 – Proposed
amended and additional conditions.
C. Include 2 additional conditions as outlined in Attachment 1 – Proposed
amended and additional conditions.
D. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
Carried unanimously.
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ORDINARY MEETING MINUTES 20 JULY 2023
5.8. INTEGRATED WATER QUALITY MONITORING PROGRAM - BURGESS
CREEK
That Planning & Environment Committee Agenda Item 5.8 be referred to the General
Committee due to significance of the issue.
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY MAY
2023
That Council note the report by the Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 11 July 2023 regarding planning
applications that have been decided by delegated authority.
6.2. NOOSA ENIVIRONMENT STRATEGY - YEAR THREE (2021/2022)
IMPLEMENTATION PLAN ANNUAL UPDATED
That Planning & Environment Committee Agenda Item 6.2 be referred to the General
Committee due to the significance of the issue.
7.1. ENVIRONMENT LEVY
PROPOSED LAND PURCHASE
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 in my sole trader consultancy (Watershed Australia), I commenced a
contract with the Koala Action Gympie Region Association (KAGR) in June 2023. The
$28,000 agreement currently runs to the end of the calendar year. As part of the
contract I am assisting the not-for-profit group identify potential programs and projects
to enhance koala habitat and the sustainability of the group in the Gympie Region
including opportunities to link with other organisations to create inter-regional
corridors. As the subject land abuts the Gympie Regional Council area, and as it is
part of a mapped koala corridor in the SEQ Bioregion, KAGR may have a future
interest in linkages across shire boundaries in this locality. As there is currently no
direct link, nor any current specific project or proposal involving KAGR, or myself in a
consultant capacity, and the lot in question, nor is it likely that I will benefit directly
from its acquisition. However, I will now leave the meeting.
Cr Stockwell left the meeting.
Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Frank Wilkie
That Council note the Report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding the proposed
purchase of the property and:
A. Approve and authorise the CEO to:
1. Proceed with negotiation with the owners or their agent to purchase the
property detailed in the Report within the valuation range of $400,000 to
$480,000;
2. If agreement can be reached between Council and the owners or their agent,
utilise Council's Environment Levy funds to proceed with the purchase of the
property detailed in the Report within the valuation range of $400,000 to
$480,000;
3. If the property detailed in the Report is purchased by Council, proceed with the
placement of a Nature Refuge over the property; and
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ORDINARY MEETING MINUTES 20 JULY 2023
4. Utilise Council's Environment Levy funds to allow Environmental Services
undertake initial management actions on the property including weed and pest
management, fire management, and ecological restoration; and
5. Utilise Council's Environment Levy funds to allow Environmental Services to
undertake ongoing management actions on the property including weed and
pest management, fire management, flora and fauna monitoring.
Carried unanimously.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Amelia Lorentson
That the report of the Planning & Environment Committee dated 11 July 2023 be
received and the recommendations therein be adopted except where dealt with by
separate resolution.
Carried unanimously.
8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 11 JULY 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Frank Wilkie
NON COMMITTEE MEMBERS
Cr Karen Finzel
EXECUTIVE
Acting Chief Executive Officer, Larry Sengstock
Acting Director Infrastructure Services, Shaun Walsh
APOLOGIES
Cr Clare Stewart
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1 CN00375 - RETAINING WALL RECONSTRUCTION - ARKANA DRIVE
That Council note the report by the Project Officer to the Services & Organisation
Committee Meeting dated 11 July 2023 and:
A. Award contract no. CN00375 Retaining Wall Reconstruction - Arkana Drive to
Sunshine Civil Solutions Pty Ltd for the lump sum price of $409,904.22 (excl.
GST); and
B. Authorise the CEO to negotiate the final contract with Sunshine Civil Solutions
Pty Ltd.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Frank Wilkie
That the report of the Services & Organisation Committee dated 11 July 2023 be
received and the recommendations therein be adopted.
Carried unanimously.
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ORDINARY MEETING MINUTES 20 JULY 2023
8.3. GENERAL COMMITTEE MEETING REPORT – 17 JULY 2023
8.3 GENERAL COMMITTEE MEETING REPORT – 17 JULY 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Deputy Mayor Cr Frank Wilkie (Chair)
Councillor Cr Karen Finzel
Councillor Cr Joe Jurisevic
Councillor Cr Amelia Lorentson
Councillor Cr Clare Stewart
Councillor Cr Brian Stockwell
Councillor Cr Tom Wegener
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Development & Regulation Richard MacGillivray
Director Strategy and Environment and Sustainable Development Kim Rawlings
Director Corporate Services Trent Grauf
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR,
FOOD, AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT
COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS
(Referred from Planning & Environment Committee Meeting dated 11 July 2023
- Item 5.1)
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 as, unbeknownst to me at the time, my mother signed a petition against the
development for the proposed Noosa Springs Hotel. Subsequently to finding this out,
I have since removed myself from all workshops and discussion on this application.
My parents also live in Noosa Springs. I also understand that JFP Urban Consultants
on behalf of Altum Property Group, who are the Developers of Park Ridge Noosa
Springs, made a submission against the Noosa Springs Hotel Development. Leigh
McCready, who is associated with Altum, is a friend. As a result of my conflicts of
interest, I will now leave the meeting room while the matter is considered and voted
on.
Cr Stewart left the meeting.
Cr Wilkie assumed the Chair.
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
as I have come to understand that JFP Urban Consultants on behalf of Altum Property
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ORDINARY MEETING MINUTES 20 JULY 2023
Group, who are the Developers of Park Ridge Noosa Springs, made a submission
against the Noosa Springs Hotel Development. Leigh McCready, who is associated
with Altum, was involved as a volunteer 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 as I have come to understand that JFP Consultants on behalf of Altum Property
Group, who are the Developers of Park Ridge Noosa Springs, made a submission
against the Noosa Springs Hotel Development. Leigh McCready is associated with
Altum Property Group. 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
in regard to Ms Leigh McCready. Although I have a declarable conflict of interest, I do
not believe a reasonable person could have a perception of bias because the ICEO
review was an advisory service and my queries at that time were 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 in the meeting room while the matter
is considered and voted on.
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Tom 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 on this matter because
Council believes that a reasonable person could not have a perception of bias
because the ICEO review was an 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.
Carried unanimously.
Cr Stockwell did not vote on the above motion.
Council Resolution
Moved: Cr Brian Stockwell
Seconded Cr Joe Jurisevic
That Council note the report by the Development Assessment Manager to the
Planning & Environment Committee Meeting dated 11 July 2023 regarding Application
No. MCU21/0110 for a Development Permit for Material Change of Use – Bar, Food
and Drink Outlet, Outdoor Sport and Recreation, Resort Complex at 61 Noosa Springs
Drive, Noosa Heads and note that the Applicant has stopped the current period.
Carried unanimously.
Crs Stewart and Finzel returned to the meeting.
Cr Stewart resumed the Chair.
5.2. MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
– HOME-BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY,
COOTHARABA
(Referred from Planning & Environment Committee Meeting dated 11 July 2023
- Item 5.5)
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ORDINARY MEETING MINUTES 20 JULY 2023
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding Application No.
MCU22/0120 for a Development Permit for Material Change of Use – Home Based
Business (Mechanic) at 39 Eucalypt Way, Cootharaba and note that the Applicant has
requested deferral of the decision until 17 August 2023.
Carried unanimously.
5.3. MCU23/0019 - SHORT TERM ACCOMMODATION AT 2A WOONGAR
STREET, BOREEN POINT
(Referred from Planning & Environment Committee Meeting dated 11 July 2023
- Item 5.6)
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding Application No.
MCU23/0019 for a Development Permit for a Material Change of Use - Short-term
accommodation situated at 2a Woongar Street, Boreen Point and:
A. Approve the application in accordance with the proposed conditions as
outlined in Attachment 1 to the Minutes - Final Conditions.
B. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
5.4. INTEGRATED WATER QUALITY MONITORING PROGRAM - BURGESS
CREEK
(Referred from Planning & Environment Committee Meeting dated 11 July 2023
- Item 5.8)
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 the fact that as President of the Noosa Lions Football Club (NLFC) I
have land and water management responsibilities for approximately 4.5 ha of the
Girraween Sports Complex. This involves the application of mainly organic, slow
release and calcium-based fertilisers and herbicide over what is a sizeable holding in
terms of the catchment. The club also uses groundwater for irrigation and has used
surface water and recycled water in the past. The downstream impact of sports fields
are potential risk factors for the quality of surface waters in the catchment. Considering
the volunteer and community nature of my role with NLFC and the fact that the club
is not likely to gain or lose from the proposed monitoring program, I choose to leave
the meeting.
Cr Stockwell left the meeting.
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 as my brother Gabriel Cerasani lives approximately 3 kilometres from Burgess
Creek. Also, until recently, my brother was on the executive of the Eastern Beaches
Protection Association who have made submissions regarding issues with Burgess
Creek, including raising a petition on the matter. Considering recent advice given to
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ORDINARY MEETING MINUTES 20 JULY 2023
Councillors by the Office of Independent assessor, that is, to exercise an 'abundance
of caution', I believe it is prudent to declare a conflict of interest. It is important to note,
that I have taken myself off the CHAP and the Eastern Beaches Foreshore
Management Plan because of my brother’s involvement on the EPBA. An Integrated
Catchment Management Plan for Burgess Creek is not part of the CHAP nor part of
CHAP solutions. It is part of a broader, Noosa Catchment strategy of waterways. What
I have been requesting since June 2022, is an analysis and review of environmental
monitoring and impacts for the Noosa Sewage Treatment Plant releases into Burgess
Creek and the catchment. Matters regarding Water Quality Issues affecting Burgess
Creek catchment, and environmental impacts of Wastewater Treatment Plant
outflows into the Burgess Creek catchment. Burgess Creek catchment covers roughly
545 hectares, it drains from the back of residential developments in Noosa Head,
through bushland and community facilities near Eenie Creek Road, and then through
a Council-managed Bushland Reserve and National Park. It affects and impacts
thousands and thousands of people in the Shire. The disposal of liquid waste into our
waterways, including freshwater, oceans and rivers creates social and environmental
problems for the whole of Noosa Shire. This issue is a significant issue for the whole
community. Water quality has political, environmental, and legal implications for the
whole of shire of council. Many of these implications include risks to Council
infrastructure such as stormwater, open spaces and roads. In October 2022: I moved
a Council resolution at the LGAQ Conference: Regions becoming more Resource
Independent through efficient use and re-use of Wastewater. I called on the LGAQ to
advocate to the State Government of Qld to undertake a state-wide analysis of
recycled water reuse that values the protection of local ecosystems and provides
suitable data to assist councils and water authorities and retailers in producing
business cases for water reuse. Supported (almost unanimously). In June 2023, I
moved another Council resolution at the Australian Local Government Association
(ALGA) calling on the Australian Government to formulate a National Policy on Ocean
Sewerage Outfalls that aims at:
No new ocean and estuarine sewerage outfalls to be built/developed along the
Australian coastline, and
Dedicated funding to be provided to support local regional governments and
wastewater providers with existing ocean and estuarine outfalls, to develop
new methods/technologies and make every effort to recycle 100% of all
treated wastewater generated within their localities and avoid the need to
discharge in the ocean.
It was carried unopposed by 357 Councils in Australia. Both motions were supported
unanimously by this Council. I have also put forward a motion for Council approval for
this year’s LGAQ Conference in Gladstone calling for LGAQ to advocate to the State
for a State Policy on Ocean Sewerage Outfalls because we need to develop a
standard, wastewater diversion targets and wastewater recycling and reuse targets
that can be replicated across all the States in Australia. I believe that my intention
cannot be questioned. The outcome I am seeking to achieve is:
Cleaner oceans
Cleaner wastewater
Reducing the impact of liquid waste on the environment and communities
Transitioning towards a circular economy for liquid waste
Environmental best practices
For the whole of Noosa Shire. An Integrated Catchment Management Plan for the
Burgess Creek Catchment that will form part of a broader, Noosa Catchment Strategy
of waterways will help us plan to achieve this outcome. For nearly two years this issue
has become one of my passion projects. I have knowledge and expertise that I bring
to this table and integrity. Although I have a declarable COI, I believe I could consider
the matter impartially and in the public interest. I choose to remain in the meeting
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ORDINARY MEETING MINUTES 20 JULY 2023
room. However, I will respect the decision of the meeting on whether I can remain and
participate in the decision.
Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Frank Wilkie
That Council note the declarable conflict of interest by Cr Lorentson and determine
that Cr Lorentson participates and votes on this matter because Council believes that
Cr Lorentson can remain impartial in this matter and that a reasonable person would
trust that the final decision is made in the public interest providing necessary and vital
input.
Carried unanimously.
Cr Lorentson did not vote on the above motion.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Clare Stewart
That Council note the report by the Environment Officer – Rivers & Coast to the
Planning & Environment Committee Meeting dated 11 July 2023 and:
A. Note staff will continue liaising with Unitywater regarding the Burgess Creek
STP data and aspects of Burgess Creek management;
B. Continue scoping and development of a Burgess Creek Integrated Catchment
Management Plan in partnership with Unitywater and key stakeholders;
C. Note the continued development of Council’s Integrated Water Quality
Monitoring Program including potential expansion to include additional
monitoring sites; and
D. That this report responds to previous Council Notice of Motions.
Carried unanimously.
Cr Stockwell returned to the meeting.
5.5. NOOSA ENVIRONMENT STRATEGY - YEAR THREE (2021/2022)
IMPLEMENTATION PLAN ANNUAL UPDATED
(Referred from Planning & Environment Committee dated 11 July 2023 - Item
6.2)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided
the following declaration to the meeting of a declarable conflict of interest in this
matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this
matter as in early 2020, I received an electoral donation of $750 from Peregian
resident Susan Francis. Susan Francis is the partner of Peregian resident Barry
Cotterell. Mr Cotterell is the president of the Peregian Beach Community Association
(PBCA). The Environment Strategy Update mentions the progress of the Eastern
Beaches Foreshore Reserves Management Plan. The PBCA has provided feedback
on the Eastern Beaches Foreshore Reserves Management Plan. The Office of the
Independent Assessor and legal advice has indicated the Eastern Beaches Foreshore
Reserves Management Plan is not Ordinary Council business because it relates to a
specific geographical area and that links to groups who have made submission to it
ought to be declared. Although I nor the PBCA, which is a volunteer community group,
stand to gain personally or materially through noting this report, I make this declaration
out of "an abundance of caution" and commitment to transparency. I believe I can
make an impartial decision 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.
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ORDINARY MEETING MINUTES 20 JULY 2023
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the declarable conflict of interest by Cr Wilkie and determine that
Cr Wilkie participates and votes on this matter because Council believes that Cr Wilkie
does not stand to gain personally or materially through noting this report, and therefore
a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Crs Wilkie, Stockwell, Lorentson, Finzel and Wegener 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 declarable conflicts of interest in this
matter as:
in early 2020, I received an electoral donation of $500 from Peregian resident
Susan Francis. Susan Francis is the partner of Peregian resident Barry
Cotterell. Mr Cotterell is the president of the Peregian Beach Community
Association (PBCA). The Environment Strategy Update mentions the progress
of the Eastern Beaches Foreshore Reserves Management Plan. The PBCA
has provided feedback on the Eastern Beaches Foreshore Reserves
Management Plan. The Office of the Independent Assessor and legal advice
has indicated the Eastern Beaches Foreshore Reserves Management Plan is
not Ordinary Council business because it relates to a specific geographical
area and that links to groups who have made submission to it ought to be
declared. Although I nor the PBCA, which is a volunteer community group,
stand to gain personally or materially through noting this report, I make this
declaration out of "an abundance of caution" and commitment to transparency;
and
I have a long-standing relationship with MRCCC as a previous government
employee and a long term 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.
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. 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 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.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
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 that the final decision is made in the
public interest.
Carried unanimously.
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ORDINARY MEETING MINUTES 20 JULY 2023
Crs Wilkie, Stockwell, Lorentson, Finzel and Wegener 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 because my brother Gabriel Cerasani, who until recently, was on the Executive
of the Eastern Beaches Protection Association has made submissions to the Eastern
Beaches Foreshore Management Plan. The report references the Plan as part of the
Noosa Environment Strategy. Although I have a declarable conflict of interest, I do not
believe a reasonable person could have a perception of bias because I believe my
brother nor I stand to receive a personal benefit or loss in relation to this matter.
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 Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the declarable conflict of interest by Cr Lorentson and determine
that Cr Lorentson participates and votes on this matter because neither Cr Lorentson
nor her brother stand to receive a personal benefit or loss in relation to this matter,
therefore a reasonable person would trust that the final decision is made in the public
interest.
Carried unanimously.
Crs Wilkie, Stockwell, Lorentson, Finzel and Wegener did not vote on the above
motion.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener
provided the following declaration to the meeting of a prescribed conflict of interest in
this matter:
I, Cr Wegener, inform the meeting that I have a prescribed conflict of interest in this
matter as the report notes that a climate change response grant has been given to the
community group, Permaculture Noosa Inc. I am the president of Permaculture Noosa
and it may be viewed that some benefit could be gained by the group or myself from
participating in the discussion or from voting on this report. However, this report only
notes past grant recipients. Permaculture Noosa nor myself has to gain by my
participation in the noting this report. However as I have a prescribed conflict of
interest I will now leave the meeting room while the matter is discussed and voted on.
Cr Wegener left the meeting.
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
as during my 2020 Future Noosa Election Campaign I received an electoral donation
of $1666.66 from Mr Peter Butt who sits on the Executive Committee of Eastern
Beaches Protection Association (EBPA). The Environment Strategy Update mentions
the progress of the Eastern Beaches Foreshore Reserves Management Plan. The
EBPA has provided feedback on the Eastern Beaches Foreshore Reserves
Management Plan. The Office of the Independent Assessor and legal advice has
indicated the Eastern Beaches Foreshore Reserves Management Plan is not Ordinary
Council business because it relates to a specific geographical area and given links to
groups who have made submission to it ought to be declared. I will now leave the
meeting room while the matter is discussed and voted on.
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ORDINARY MEETING MINUTES 20 JULY 2023
Cr Finzel left the meeting.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Frank Wilkie
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding the Noosa
Environment Strategy – Year Three (2021/2022) Implementation Plan Annual Update
and note:
A. Year 3 (1 July 2021-30 June 2022) Summary Report provides an update on the
progress of the 42 actions outlined in the Noosa Environment Strategy Implementation
Plan for the 2021/22 FY. These actions are made up of four (4) enabling actions that
will deliver outcomes across all four themes of the Environment Strategy, and 38
actions that are specific to each of the four themes: Biodiversity; Waterways, wetlands
& coasts; Sustainable living; and Climate change resilience and adaptation.
B. Year 4 (1 July 2022 – 30 June 2023) Monitoring Report and review and update of
the Environment Strategy Implementation Plan will be prepared and presented to
Council by September 2023.
Carried unanimously.
Crs Finzel and Wegener returned to the meeting.
6.1. FINANCIAL PERFORMANCE REPORT – JUNE 2023
That Council note the report by the Manager Financial Services (Acting) to the General
Committee Meeting dated 17 July 2023 outlining the interim 2022/23 full year financial
performance against budget, including key financial sustainability indicators.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That the report of the General Committee Meeting dated 17 July 2023 be received
and the recommendations therein be adopted except where dealt with by separate
resolution.
Carried unanimously.
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ORDINARY MEETING MINUTES 20 JULY 2023
9. ORDINARY MEETING REPORTS
9.1. 2023 LGAQ ANNUAL CONFERENCE MOTIONS
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the report by the Chief Executive Officer (Acting) to the Ordinary
Meeting dated 20 July 2023 and approve the submission of the following motions to
the Local Government Association of Queensland (LGAQ) Annual Conference 2023
for consideration and debate:
A. "The LGAQ advocate to the State Government of Queensland recommending that
a submission made by Noosa Council to NGA at the ALGA Conference 2023 is
developed and agreed to by the ALGA board for Federal Policy priority and
implementation. The motion was carried unopposed by 357 Councils across
Australia."
B. "The LGAQ advocate to the State Government of Queensland to formulate a State
Policy on Ocean Sewerage Outfalls that aims at:
1. No new ocean and estuarine sewerage outfalls to be built/developed along the
Queensland coastline, and
2. Dedicated funding to be provided to support local regional governments and
wastewater providers with existing ocean and estuarine outfalls, to develop
new methods/technologies and make every effort to recycle treated
wastewater generated within their localities and avoid the need to discharge
in the ocean."
C. "The LGAQ calls on the State Government to respect the dwelling and population
growth projections as advised, and planned for, by each South-East Queensland
Local Government and provide adequate funding for infrastructure to match any
increase in dwelling and population projections imposed by the State Government
during the Shaping SEQ Review process."
D. "The LGAQ calls on the Qld State and Federal Governments to allocate Funding
for a Pilot Program to enable the LGAQ to co-ordinate ‘Psychosocial Risk Reduction
Training’."
Carried unanimously.
10. CLOSED SESSION
Nil.
11. PUBLIC QUESTION TIME
Nil.
12. NEXT MEETING
The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St, Tewantin on
Thursday 17 August 2023 at 5.00pm.
13. MEETING CLOSURE
The meeting closed at 5.41pm.