Skip to the record
Trusted by locals. Built for Noosa.

Original source · versioned page text

2021-01-21 Ordinary Meeting Minutes

of 16

Page text shows just the words. Original shows the document exactly as it was published.

Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.

                      MINUTES


            Ordinary Meeting

           Thursday, 21 January 2021

                                 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”
Log in to download the original file

2021-01-21 Ordinary Meeting Minutes(PDF, 410KB).pdf · 419 KB (small file)

Searchable page text hides email addresses. Original files are unchanged and may show email addresses.

Full text of the other 15 sections

Section 2

ORDINARY MEETING MINUTES                                                21 JANUARY 2021


1   ATTENDANCE & APOLOGIES

    COUNCILLORS
    Councillor C Stewart, Mayor
    Councillor K Finzel
    Councillor J Jurisevic
    Councillor A Lorentson
    Councillor B Stockwell
    Councillor T Wegener
    Councillor F Wilkie

    EXECUTIVE
    B de Chastel, Chief Executive Officer
    K Contini, Director Community Services
    M Shave, Director Corporate Services
    A Dow, Acting Director Environment & Sustainable Development
    B O’Connor, Acting Director Infrastructure Services

    APOLOGIES
    Nil.

    The meeting commenced at 5.00pm.


2   CONFIRMATION OF MINUTES
    Council Resolution
    Moved:          Cr Finzel
    Seconded:       Cr Wilkie
    The Minutes of the Ordinary Meeting held on 17 December 2020 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 16

Section 3

ORDINARY MEETING MINUTES                                                  21 JANUARY 2021


8   CONSIDERATION OF COMMITTEE REPORTS


1   GENERAL COMMITTEE MEETING REPORT – 18 JANUARY 2021

    2   NOOSA RIVER PLAN CONSULTATION & NOOSA RIVER STAKEHOLDER
        ADVISORY GROUP
        Motion
        Moved:           Cr Stewart
        Seconded:        Cr Wegener
        That Council note the report by the Environment Services Manager and Environment
        Officer (Rivers and Coast) to the General Committee Meeting dated 18 January 2021
        and:
        A.   Note the consultation reports for the two periods of public consultation on the
             Noosa River Plan, from 20 July to 26 August 2018 and 02 December to 10 January
             2020;
        B.   Note the Draft Terms of Reference for the joint Noosa Shire Council and Maritime
             Safety Queensland Noosa River Stakeholder Advisory Committee and further
             note the Draft Terms of Reference will be reviewed by the Noosa River
             Stakeholder Advisory Committee at its first meeting;
        C.   Authorise the Chief Executive Officer to make amendments to the Terms of
             Reference for the Noosa River Stakeholder Advisory Committee in consultation
             with Maritime Safety Queensland following any feedback from the Noosa River
             Stakeholder Advisory Committee.
        D.   Request the CEO to report back to Council in March 2021 on the proposed
             membership of the Noosa River Stakeholder Advisory Committee and further,
             request Maritime Safety Queensland to work with Council to ensure that the first
             meeting of the committee occurs within one month of the finalisation of the
             committee membership.
        E.   Appoint Councillor Stewart to be an observer at meetings of the Noosa River
             Stakeholder Advisory Committee.
        F.   Acknowledge and welcome the permanent presence of Maritime Safety
             Queensland in Noosa and resolve that, while MSQ maintains an active presence,
             Noosa Shire Council no longer seeks to take over management of anchoring,
             mooring and living on board on the Noosa River.

        Amendment No.1
        Moved:       Cr Lorentson
        Seconded:    Cr Wilkie
        That item B be amended as follows:
        B.   Note the Draft Terms of Reference for the joint Noosa Shire Council and Maritime
             Safety Queensland Noosa River Stakeholder Advisory Committee and
             1.     Request Maritime Safety Queensland to agree to amend the draft terms of
                    reference to increase the number of committee members up to 12; and
             2      Further note that the Draft Terms of Reference will be reviewed by the
                    Noosa River Stakeholder Advisory Committee at its first meeting;
                                                                     Carried unanimously.



                                                                               Page 3 of 16

Section 4

ORDINARY MEETING MINUTES                                                     21 JANUARY 2021


        Amendment No.2
        Moved:       Cr Stockwell
        Seconded:    Cr Jurisevic
        That Items B to E be deleted and replaced with new Items B to N as follows:
        B.   Agree to the establishment of a joint Noosa River Advisory Group with Maritime
             Safety Queensland and
             1.    Acknowledge the initial focus of this group will be on issues of joint interest
                   to both it and MSQ including:
                        Boating – Speed Limits and Safety
                        Anchoring and Mooring
                        Living on the River
                        Commerce and Infrastructure on the River
                        Marine Pollution and Prevention; and
             2     Adopt this arrangement as a template for negotiations to achieve similar
                   bilateral arrangements with other relevant government agencies that have
                   river and catchment management responsibilities.
        C.   Adopt the following purpose, aims and objectives to guide the operation of the
             Advisory Group.
             Purpose
             The purpose of the Noosa River Stakeholder Advisory Committee (NRSAC) is to
             engage key community stakeholders with demonstrated local knowledge and
             expertise, to provide strategic input, objective advice and recommendations
             regarding the sustainable use, conservation and management of the Noosa River
             and its catchment. This advice is to inform the decisions and priorities of both
             Noosa Council and the Queensland Government
             NRSAC is not a decision-making body. Advice and recommendations provided by
             NRSAC made to relevant management agencies are therefore non-binding”.
             Aims and Objectives
                  To facilitate an equitable forum to discuss matters relevant to the
                   management of the Noosa River that considers the ecological, social and
                   economically sustainable use of the river and its catchment.
                  To prioritise key issues in the Noosa River and catchment and recommend
                   potential solutions to address them.
                  To provide timely and considered advice on the sustainable use,
                   management, and conservation of the Noosa River System.
                  To establish clear lines of communication between management agencies
                   and river user groups, and both understand the basis and breadth of each
                   other’s views.
                  To effectively engage local Kabi Kabi (Gubbi Gubbi) people and bring a First
                   Nations perspective to ongoing management of the Noosa River and its
                   catchment.
        D.   Amend the draft Terms of Reference to more fully identify Council’s mandate and
             therefore, the scope of issues and advice upon which it seeks input from the
             committee to include the following description:
             Noosa Shire Council has responsibilities to plan and manage catchment-related
             issues that potentially impact the Noosa River. This includes management of
             diffuse land-based sources of contamination e.g. those related to impact of poor
                                                                                  Page 4 of 16

Section 5

ORDINARY MEETING MINUTES                                                       21 JANUARY 2021


             land, wetland and riparian management as well as degradation from inappropriate
             land use and vegetation management. Council also has an increasing investment
             in the rehabilitation of aquatic and estuarine habitats. The Environment and
             Sustainable Living Policy, Noosa Environment Strategy, Social Strategy, Local
             Economic Plan and Draft Noosa River Management Plan set out the principles,
             goals, strategies, targets and outcomes that guide Council and community action
             to enhance the health of the river and the management decisions regarding its
             sustainable use.
        E.   Adopt the following, more comprehensive list as the desired stakeholder groups to
             be represented on the Advisory Committee, noting that a person may have
             interests in more than one sector and the Draft Terms of Reference be amended
             accordingly.
             Commercial Interests         Community Interests         Land & Water Owners
             Commercial Fishers           Recreational Fishers        Kabi Kabi First Nation People
             Commercial Boating           Recreational Boating        Riparian Landholders
             Commercial River Operators   Recreational River Users
             Tourism Industry             Resident Associations
                                          Catchment & NRM Groups
                                          Conservation Groups

        F.   Amend the Draft Terms of Reference to require that community interests and land
             and water owner sectors must represent the majority of the advisory group
             members.
        G.   Adopt the following selection criteria for the purposes of choosing nominees for
             membership of the advisory group and amend the Draft Terms of Reference
             accordingly:
             a.     Individual knowledge and experience in management issues associated with
                    the Noosa River and its catchment.
             b.     Ability to represent community interests and communicate to as many
                    members as possible in their identified sector/s.
             c.     A demonstrated track record, and commitment to, upholding the values and
                    principles of sustainable river and catchment management and use.
        H.   Amend the Draft Terms of Reference to identify that a Noosa Shire Councillor will
             be appointed as an observer to the Advisory Committee and in this role is able to
             contribute to discussion but not vote on any matter.
        I.   Request MSQ to agree to the proposed changes to the Terms of Reference and
             authorise the Chief Executive Officer to make minor amendments to the Terms of
             Reference for the Noosa River Stakeholder Advisory Committee in consultation
             with Maritime Safety Queensland. Further Council acknowledges that the CEO in
             conjunction with MSQ may agree to amend the Terms of Reference from time to
             time.
        J    Request that upon their formation the Advisory Committee provide their
             recommendations as to any amendments required to the Terms of Reference in
             relation to the structure, governance and operations of the group including, but
             not limited to:
             a.     The formation of two or more standing sub-committees to deal with river
                    health, biodiversity and/or fishing priorities as well as those associated with
                    river use.
             b.     The preferred model for the appointment or selection of chairs to the
                    Advisory Group and any sub-committees.

                                                                                     Page 5 of 16

Section 6

ORDINARY MEETING MINUTES                                                  21 JANUARY 2021


             c.     The frequency of meetings and the method of gaining consensus.
             d.     The relevant sectors or expertise desirable on the committee or sub-
                    committee.
        K    Appoint Councillor Stewart as an observer at meetings of the Noosa River
             Stakeholder Advisory Committee.
        L.   Acknowledge and welcome the permanent presence of Maritime Safety
             Queensland in Noosa and resolve that, while MSQ maintains an active presence,
             Noosa Shire Council no longer seeks to take over management of anchoring,
             mooring and living on board on the Noosa River.
        M.   Advise MSQ that Council reserves the right to form subcommittees or other
             committees to deal with river related matters outside their remit; and to appoint
             stakeholders to any such body unilaterally if so required; and
        N.   Request Maritime Safety Queensland to agree to amend the Draft Terms of
             Reference to increase the number of committee members up to 12.
        For:        Crs Stockwell and Jurisevic
        Against:    Crs Wilkie, Lorentson, Stewart, Wegener and Finzel
                                                                                         Lost.
        Amendment No. 3
        Moved:           Cr Finzel
        Seconded:        Cr Wilkie
        Amend Item B to read:
        B.   Note the Draft Terms of Reference for the joint Noosa Shire Council and Maritime
             Safety Queensland Noosa River Stakeholder Advisory Committee and
             1.     Request Maritime Safety Queensland to agree to amend the draft terms of
                    reference to increase the number of committee members up to 12; and
             2      Request MSQ to agree to amend the Draft Terms of Reference to make
                    provision for a review of the Noosa River Stakeholder Advisory Committee
                    after 12 months to ensure it is meeting the stated objectives.
             3.     Further note that the Draft Terms of Reference will be reviewed by the
                    Noosa River Stakeholder Advisory Committee at its first meeting.
                                                                          Unanimously Lost.
        Council Resolution
        Moved:           Cr Stewart
        Seconded:        Cr Wegener
        That Council note the report by the Environment Services Manager and Environment
        Officer (Rivers and Coast) to the General Committee Meeting dated 18 January 2021
        and:
        A.   Note the consultation reports for the two periods of public consultation on the
             Noosa River Plan, from 20 July to 26 August 2018 and 02 December to 10 January
             2020.
        B.   Note the Draft Terms of Reference for the joint Noosa Shire Council and Maritime
             Safety Queensland Noosa River Stakeholder Advisory Committee and
             1.     Request Maritime Safety Queensland to agree to amend the draft terms of
                    reference to increase the number of committee members up to 12; and



                                                                               Page 6 of 16

Section 7

ORDINARY MEETING MINUTES                                                              21 JANUARY 2021


              2.     Further note that the Draft Terms of Reference will be reviewed by the
                     Noosa River Stakeholder Advisory Committee at its first meeting.
        C.    Authorise the Chief Executive Officer to make amendments to the Terms of
              Reference for the Noosa River Stakeholder Advisory Committee in consultation
              with Maritime Safety Queensland following any feedback from the Noosa River
              Stakeholder Advisory Committee.
        D.    Request the CEO to report back to Council in March 2021 on the proposed
              membership of the Noosa River Stakeholder Advisory Committee and further,
              request Maritime Safety Queensland to work with Council to ensure that the first
              meeting of the committee occurs within one month of the finalisation of the
              committee membership.
        E.    Appoint Councillor Stewart to be an observer at meetings of the Noosa River
              Stakeholder Advisory Committee.
        F.    Acknowledge and welcome the permanent presence of Maritime Safety
              Queensland in Noosa and resolve that, while MSQ maintains an active presence,
              Noosa Shire Council no longer seeks to take over management of anchoring,
              mooring and living on board on the Noosa River.
        For:     Crs Stewart, Jurisevic, Wilkie, Lorentson, Wegener and Finzel
        Against: Crs Stockwell
                                                                                                   Carried.


    3   DRAFT COASTAL HAZARDS ADAPTATION PLAN (CHAP) FOR COMMUNITY
        CONSULTATION
        In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the
        following declaration to the meeting of a prescribed conflict of interest in this matter:
        I, Cr Lorentson, inform the meeting that I have a prescribed conflict of interest in this matter as
        my brother, Gabriel Cerasani, owns a property at Beaches Estate, Sunrise Beach which is one of
        the properties identified as `at risk' under the CHAP. 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 Stockwell provided the
        following declaration to the meeting of a prescribed conflict of interest in this matter:
        I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter as I
        am the owner of Lot 45 Noosa Lakes Resort at 3 Hilton Terrace, Tewantin. The draft Coastal
        Hazards Adaptation Plan identifies that, "riverine areas including Noosaville and Tewantin will be
        most affected by periodic storm tide inundation and permanent sea level rise." p.7 and further the
        property is mapped in Figure 5 which relates to the potential inundation resulting from sea levels
        rise. In particular the plan suggests, "low lying areas will be exposed to more frequent inundation
        under everyday conditions and also with storm tides" p.15. At best this means that access to the
        property will be more frequently inundated and actions and investigations are envisaged to adapt
        to this increased risk from climate change. As such I stand to benefit more from the
        recommendations in the draft plan than the majority of residents in the Shire. As a result of my
        conflict of interest, I will now leave the meeting room while the matter is considered and voted on.
        Council Resolution
        Moved:              Cr Wilkie
        Seconded:           Cr Jurisevic
        That Council note the report by the Principal Strategic Planner and Program Coordinator
        Climate Change Adaptation to the General Committee Meeting dated 18 January 2021
        and
        A.    Approve the draft Coastal Hazards Adaptation Plan and supporting information for
              the purpose of community consultation, as provided in Attachments 1 - 4;
                                                                                           Page 7 of 16

Section 8

ORDINARY MEETING MINUTES                                                    21 JANUARY 2021


        B.    Approve the Community Engagement and Communications Plan, as provided in
              Attachment 5; and
        C.    Note that updates have been made to the coastal hazard mapping of erosion for
              beachfront areas between Peregian Beach and Sunshine Beach and that this
              updated mapping has been made available to the public through Council’s online
              mapping via Council’s website.
                                                                     Carried unanimously.
        Crs Lorentson and Stockwell returned to the meeting.


    4   MCU20/0097 APPLICATION FOR A DEVELOPMENT PERMIT FOR MATERIAL
        CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 1/27 HILL STREET,
        SUNSHINE BEACH
        Council Resolution
        Moved:         Cr Wilkie
        Seconded:      Cr Stockwell
        That Council note the report by the Coordinator Planning to the General Committee
        Meeting dated 18 January 2021 regarding Application No. MCU20/0097 for a
        Development Permit for Material Change of Use - Short-term accommodation situated
        at 1/27 Hill St, Sunshine Beach and:
        A.    Approve the application in accordance with the following conditions:
              PLANNING
              When Conditions must be Complied With
              1.    Unless otherwise stated, all conditions of this Decision Notice must be
                    complied with prior to the use commencing, and then compliance 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.      Rev.    Plan/Document Name                            Date
             18-076 - 04   4       Proposed Ground Floor Plan prepared by ICON   03.05.2019
                                   Building Design as annotated by Council
             18-076 - 05   4       Proposed First Floor Plan prepared by ICON    03.05.2019
                                   Building Design as annotated by Council
             18-076 - 06   4       Elevations prepared by ICON Building Design   03.05.2019
                                   as annotated by Council
             18-076 - 07   4       Elevations prepared by ICON Building Design   03.05.2019
                                   as annotated by Council
              Currency
              3.    This development approval lapses if the use has not happened by 21
                    January 2027, unless an application to extend the currency period is
                    approved by Council.
              Nature and Extent of Approved Use
              4.    The total number of bedrooms on the site must not exceed 2.
              5.    No more than 4 guests may occupy the premises at any time.

                                                                                 Page 8 of 16

Section 9

ORDINARY MEETING MINUTES                                                     21 JANUARY 2021


            6.    All outdoor areas, including balconies, decks, pool and the like, must not be
                  used after 9pm each night.
            7.    The premises must not be used as a party house, with no events, functions
                  or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
                  example) permitted on site.
            Amenity
            8.    The operation of the approved use must not detrimentally affect the
                  residential amenity (including but not limited to noise, overlooking, light spill
                  or odour) enjoyed by surrounding residents or cause a nuisance, including a
                  noise nuisance.
            Car Parking
            9.    Existing car parking on site, as detailed on the approved plans, must be
                  maintained and kept available for users of the short term accommodation.
            10.   All car parking areas and access driveways must be maintained exclusively
                  for vehicle parking and manoeuvring and kept in a tidy and safe condition at
                  all times.
            Waste Management
            11.   Waste storage and disposal facilities must be provided in accordance with
                  Planning Scheme Policy 9, Waste Management, including an external
                  imperviously paved area correctly sized for all refuse and recycling
                  containers and suitably screened from public places and neighbouring
                  properties.
            12.   Waste containers must:
                  a.    At all times be regularly cleaned and maintained in a clean, tidy,
                        sanitary and hygienic condition.
                  b.    Be placed on the kerb side frontage of the premises, for the collection
                        of general waste from the container; and
                  c.    Not be placed on the kerb side frontage for longer than 24 hours before
                        or after the scheduled collection day for the collection of waste in the
                        container.
            Contact Person
            13.   Prior to the commencement of the use written confirmation must be provided
                  to Council confirming:
                  a.    the name and telephone number of the contact person (which may
                        include the name and contact details of an individual, letting agency,
                        property manager, security firm or the like) for the purposes of the
                        operation of the short stay letting at the premises; and
                  b.    that the contact person is available 24 hours a day, 7 days a week; and
                  c.    that the contact person resides within 20 minutes travel time (by
                        vehicle) of the premises; and
                  d.    that the contact person is to be responsible for the supervision and
                        management of the premises, including addressing complaints about
                        the use of the premises for short stay letting and visitor queries.
            14.   A sign must prominently and permanently display in letters and numbers not
                  less than 50mm in height, a current up to date written notice detailing the
                  contact person’s phone number, and a statement that the contact person is
                  responsible for the supervision and maintenance of the premises. The sign

                                                                                   Page 9 of 16

Section 10

ORDINARY MEETING MINUTES                                                  21 JANUARY 2021


                  must not exceed 0.2m2, be displayed at the front of the premises and be
                  visible to members of the public at all times.
                  Code of Conduct
            15.   A code of conduct must be developed and provided to all users and
                  occupants of the short term accommodation, including any website or social
                  media used to promote the use of the premises for short term
                  accommodation.
            16.   The code of conduct must advise all users of the premises:
                  a.   That the use of the premises must not:
                       i.     detrimentally affect the residential amenity (including but not
                              limited to noise, overlooking, light spill or odour) enjoyed by
                              residents in the vicinity of the premises; or
                       ii.    cause a nuisance (including a noise nuisance);
                       iii.   display unacceptable behavior including:
                              a.   loud aggressive behaviour;
                              b.   yelling, screaming, arguing; or
                              c.   excessively loud cheering, clapping and singing.
                       iv.    create a level of noise above the acceptable levels described by
                              Queensland Government legislation for environmental protection
                              (noise).
                  b.   That a user of the premises must not sleep or camp on the premises in
                       a tent, caravan, campervan or similar facility.
                  c.   That each vehicle used by an user of the premises must:
                       i.     be stored in a manner that does not cause a nuisance or
                              inconvenience to adjoining premises; and
                       ii.    be parked within the parking facilities at the premises where
                              provided.
                  d.   That each user of the premises must store general waste (including the
                       separation of recyclable waste) produced as a result of the ordinary
                       use or occupation of the premises in a waste container.
                  e.   That each user of the premises must ensure that the premises,
                       including the grounds of the premises, are kept in a safe and tidy
                       condition.
                  f.   That pets occupying the premises must be managed and not cause a
                       nuisance (including a noise nuisance).
                  g.   The nature and extent of the approved use as detailed in conditions
                       numbers 4 to 7 of this development approval.
            17.   The Code of Conduct must be displayed in a prominent location at the
                  premises so that it can be viewed by guests.
                  Complaints Management
            18.   The contact person must maintain a record of all complaints received,
                  identifying how each complaint has been resolved or addressed within a
                  reasonable time.
            19.   The contact person must respond to all complaints within 30 minutes of
                  notification of a complaint.
            20.   The contact person, must keep and maintain a register of the use of the
                  premises for short stay letting or home hosted accommodation, and record

                                                                               Page 10 of 16

Section 11

ORDINARY MEETING MINUTES                                                               21 JANUARY 2021


                     in the register, each of the following:
                     a.     on each occasion on which the premises are used, or occupied, for
                            short stay letting or home hosted accommodation on a commercial
                            basis:
                            i.     the number of adults who are users of the premises; and
                            ii.    the number of minors, an individual who is under 18, who are
                                   users of the premises.
                     b.     the dates when each person’s use, or occupation, of the premises for
                            short stay letting or home hosted accommodation began and ended.
              21.    The contact person, must make available, for inspection by Council, within 5
                     business days of receipt of a written request given at any time, each of:
                     i.     the written record of complaints referred to in condition 18; and
                     ii.    the register referred to in condition 20
        B.    Note the report is provided in accordance with Section 63(5) of the Planning Act
              2016.
        C.    Include the following advisory note on the Decision Notice:
              1.     It is the responsibility of the owner and the identified contact person to
                     operate the short term accommodation in compliance with the development
                     approval conditions at all times. Should the development approval conditions
                     not be met Council may issue an Infringement and/or take action under the
                     Planning Act 2016 to enforce compliance.
        For:                Crs Lorentson, Wilkie, Stewart, Stockwell and Finzel
        Against:            Crs Wegener and Jurisevic
                                                                                        Carried.


    8   REGIONAL ARTS DEVELOPMENT FUND (RADF) - GRANT RECOMMENDATIONS
        2020-21
        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 grant
        applicant Tania Nash is a personal friend. 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 Jurisevic provided the
        following declaration to the meeting of a declarable conflict of interest in this matter:
        I, Cr Jurisevic inform the meeting that I have a declarable conflict of interest in this matter as I
        have performed as an amateur in theatre productions in the region produced by Jally Productions
        who are a grant applicant. Although I have a declarable conflict of interest, I do not believe a
        reasonable person could have a perception of bias because I believe I do not 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 Stewart
        Seconded: Cr Wegener
        That Council note the declarable conflict of interest by Cr Jurisevic and determine that it is in the
        public interest that Cr Jurisevic 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 Jurisevic did not vote on the above motion.

                                                                                           Page 11 of 16

Section 12

ORDINARY MEETING MINUTES                                                          21 JANUARY 2021


            Council Resolution
            Moved:             Cr Lorentson
            Seconded:          Cr Finzel
            That Council note the report by the Community Development Manager to the General
            Committee Meeting dated 18 January 2021 and approve the Regional Arts Development
            Fund recommendations for 2020/21 as outlined in Attachment 1 to the report.
                                                                         Carried unanimously.
            Cr Wilkie returned to the meeting



The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved:            Cr Wilkie
Seconded:         Cr Jurisevic
That the report of the General Committee dated 18 January 2020 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
                                                                        Carried unanimously.



     1      NOOSA BIOSPHERE RESERVE FOUNDATION 2019/20 ANNUAL REPORT
            That Council note the report by the Environmental Services Manager to the General
            Committee Meeting dated 18 January 2021 and note the 2019/20 Annual Report and
            audited Financial Statement received from the Noosa Biosphere Reserve Foundation as
            provided at Attachments 1 and 2.


     5      MCU20/0111 DEVELOPMENT APPLICATION FOR EXTENSION TO FOOD & DRINK
            OUTLET & SHOP AT 2 PARKYN CT, TEWANTIN
            That Council note the report by the Manager Development Assessment to the General
            Committee Meeting dated 18 January 2021 regarding Application No. MCU20/0111 for
            a Development Permit for Material Change of Use – Extension to Food & Drink Outlet
            and Shop situated at 2 Parkyn Ct Tewantin and:
            A.    Approve the application in accordance with the following conditions:
                  When Conditions must be Complied With
                  1.    Unless otherwise stated, all conditions of this Decision Notice must be
                        complied with prior to the use commencing, and then compliance 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.          Rev.   Plan/Document Name                      Date
                        2260-A01          B      Existing and Proposed Site Layouts      3/06/20
                        2260-A02          B      Floor & Roof Demolition Layouts         3/06/20
                        2260-A03          B      Proposed Floor & Roof Layouts           3/06/20
                        2260-A04          B      Elevations                              3/06/20
                        2260-A05          B      Sections A-A & B-B                      3/06/20


                                                                                      Page 12 of 16

Section 13

ORDINARY MEETING MINUTES                                                     21 JANUARY 2021


                   Plan No.         Rev.     Plan/Document Name                      Date
                   2260-A01         B        Existing and Proposed Site Layouts      3/06/20
                   2260-A01         A        Existing and Proposed Site Layouts      29/10/20
                   2260-A02         A        Demolition Plan & Proposed Roof Plan    29/10/20
                   2260-A03         A        Sections A-A & Roof Detail              29/10/20
              3.    The existing car parking spaces must be maintained on site and made
                    available and accessible at all times.
              4.    All landscaping works must be maintained in accordance with an 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 its life expectancy is reached.
                    Currency Period
              5.    This development approval lapses if the use has not happened by 21
                    January 2027, unless an application to extend the currency period is
                    approved by Council.
        B.    Find the following matters relevant to the assessment and sufficient reason to
              approve the application:
              1.    The proposal will not result in any increase in scale and intensity of
                    commercial operations on the Noosa River.
              2.    The proposal remains consistent with the intent for the site to operate as a
                    marina with ancillary type business uses and food and drink outlets.
        C.    Note the report is provided in accordance with Section 63(5) of the Planning Act
              2016.



    6   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
        That Council note the report by the Development Assessment Manger to the General
        Committee Meeting dated 18 January 2021 regarding planning applications that have
        been decided by delegated authority.



    7   PATHWAYS AND BOARDWALKS ASSET MANAGEMENT PLAN
        That Council note the report by the Acting Director Infrastructure Services to the General
        Committee Meeting dated 18 January 2021 and approve the Pathways and Boardwalks
        Asset Management Plan (provided as Attachment 1 to the report) as a document that
        specifies the activities, resources and asset classes to achieve Noosa Council’s asset
        management objectives.



    9   FINANCIAL PERFORMANCE REPORT - DECEMBER 2020
        That Council note the report by the Manager Financial Services to the General
        Committee Meeting dated 18 January 2021 outlining December 2020 year to date
        financial performance against budget, including performance against key financial
        sustainability indicators.




                                                                                 Page 13 of 16

Section 14

ORDINARY MEETING MINUTES                                                     21 JANUARY 2021


    10   APPOINTMENT OF EXTERNAL MEMBER TO COUNCILS AUDIT AND RISK
         COMMITTEE
         That Council note the report by the Chief Executive Officer to the General Committee
         Meeting dated 18 January 2021 in relation to the vacancy for an external member on
         Council’s Audit and Risk Committee and:
         A.   Thank Scott Williams for his outstanding contribution to the Audit and Risk
              Committee in his capacity as the Chairperson of that committee for the past 6 ½
              years;
         B.   Appoint Tim Cronin as the external Chairperson of the Audit and Risk Committee
              for a term of 3 years; and
         C.   Appoint Kerry Phillips as an external member of the Audit and Risk Committee for
              a term of 2 years.




    11   ENVIRONMENT LEVY PROPOSED
         LAND PURCHASE
         That Council note the report by the Principal Environment Officer to the General
         Committee Meeting dated 18 January 2021 and:
         A.   Authorise the CEO to enter into a contract of sale with the owner of the two lots
              detailed in the report for a price not exceeding the amount set out in the valuation
              report with the funding for that purchase to be funded from the Environment Levy;
              and
         B.   Remove the confidentiality in relation to this report upon the signing of a contract
              to purchase.




                                                                                 Page 14 of 16

Section 15

ORDINARY MEETING MINUTES                                                                  21 JANUARY 2021


9    ORDINARY MEETING REPORTS

     1.     T000018 PEREGIAN              BEACH       COMMUNITY           HOUSE       AND      GREENSPACE
            CONTRACT AWARD
            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 the
            recommended tenderer Kane Constructions has previously been contracted to undertake major
            works at the Noosa Lakes Resort where I own a unit and am the current chair of the Body
            Corporate. I was not on the Body Corporate Committee at the time of the appointment of Kane
            for these works. Due to the scale of the works I as an ordinary member of the Body Corporate
            and was required to vote on an approval of the committee recommendation at a General Meeting.
            My recollection is the works were completed prior to my election as Chairman in March 2018.
            Although I have a declarable conflict of interest, I do not believe a reasonable person could have
            a perception of bias because I believe I had no significant part in the selection of Kane
            Constructions at Noosa Lakes Resort and received no greater benefit than any other as an
            ordinary member of the Body Corporate. 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 Wilkie
            Seconded:           Cr Stewart
            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 he does not stand to receive a personal benefit or loss 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.
            Council Resolution
            Moved:           Cr Lorentson
            Seconded:        Cr Jurisevic
            That Council note the report by the Director Community Services to the Ordinary Meeting
            dated 21 January 2021 and award tender T000018 – for the construction of the Peregian
            Beach Community House and Greenspace to Kane Constructions (Qld) Pty Ltd.
                                                                            Carried unanimously.



10   CLOSED SESSION

     Nil.




                                                                                               Page 15 of 16

Section 16

ORDINARY MEETING MINUTES                                                          21 JANUARY 2021


11   PUBLIC QUESTION TIME

     1    IAN HODGETTS
          Question 1:
          The Council effectively advised the State by letter dated 29 July 2020 from the Acting
          CEO to the Executive Director DSDMIP, that the planning scheme amendments to
          address coastal erosion would reduce the value of a limited number or properties along
          the coast". Are these “to be” devalued properties, as identified by Council on 29 July
          2020, in the following streets and if there are properties "to be" devalued in other streets,
          please list those other streets: Seaview Tce, Arakoon Tce, The Esplanade, Stevens St,
          Belmore Crs, Park Crs, Ross Crs, Tingira Crs, David Low Way (at Sunrise), Lorikeet
          Drive, Pitta St?
          Response by Anthony Dow, Acting Director Environment & Sustainable
          Development:
          Council staff are currently in discussions with the State Government regarding a
          proposed amendment to the Noosa Plan 2020 in response to the findings of the Coastal
          Hazards Adaptation Plan (CHAP). The wording referred to by Mr Hodgetts relates to the
          proposed Community Engagement and Communications Plan for this amendment which
          details a process for ensuring that the community is fully informed of proposed changes.
          The Community Engagement and Communications Plan specifically refers to the need
          to consult with any property owners that may be materially affected. It does not make
          any reference to devaluing properties. There are no specific streets identified as part of
          the correspondence to the State. The CHAP does however identify areas that are likely
          to be at high risk to coastal erosion along the Eastern Beaches over time.
          Recommendations are made in the CHAP for responding to these erosion risks for the
          different localities affected. The CHAP is the subject of a report to Council as part of this
          meeting round.

          Question 2:
          What criteria did the Council use in identifying this limited number of properties? Was it
          the Coastal Hazard line as at 2100; or 2070; or 2040 or at present?
          Response by Anthony Dow, Acting Director Environment & Sustainable
          Development:
          All hazard events for years 2040, 2070 and 2100 are being considered as part of
          developing a planning scheme response for coastal erosion risks, in particular 2070 and
          2100. The methodology for determining coastal erosion risks are included in BMT
          Consulting’s Coastal Hazards Assessment available on the Coastal Hazards Adaptation
          project page under Your Say Noosa on Council’s website.




12   NEXT MEETING

     The next Ordinary Meeting will be held on 18 February 2021 at the Council Chambers,
     9 Pelican Street, Tewantin commencing at 5pm.




13   MEETING CLOSURE

     The meeting closed at 7.01pm.

                                                                                     Page 16 of 16

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.