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Meeting minutes
MINUTES
Ordinary Meeting
Thursday, 20 April 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 APRIL 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Clare Stewart (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Brian Stockwell
Cr Tom Wegener
Cr Frank Wilkie
EXECUTIVE
Director Community Services, Kerri Contini
Acting Director Corporate Services, Trent Grauf
Acting Chief Executive Officer, Larry Sengstock
APOLOGIES
Nil
2. CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
The Minutes of the Ordinary Meeting held on 16 March 2023 be received and confirmed.
Carried Unanimously.
3. MAYORAL MINUTES
Nil
4. PETITIONS
4.1. PETITION: NOOSA HEADS LIONS PARK - CAR PARKING
1 PETITION: NOOSA HEADS LIONS PARK - CAR PARKING
Refer to Attachment 1 to the Minutes
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
That the petition with 2315 signatories submitted by Tewantin Noosa Lions Club ,
requests Council allow the continuation of paid parking in a section of the Noosa Heads
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ORDINARY MEETING MINUTES 20 APRIL 2023
Lions Park after Easter 2024. Lions Club Tewantin Noosa have been operating the car
parking at Easter & Christmas holiday times for the last 20 years and the petition be
received and referred to the Chief Executive Officer to determine appropriate action.
Carried Unanimously.
5. NOTIFIED MOTIONS
Nil
6. PRESENTATIONS
Nil
7. DEPUTATIONS
Nil
8. CONSIDERATION OF COMMITTEE REPORTS
8.1. PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 11 APRIL 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Tom Wegener
Cr Karen Finzel
Cr Brian Stockwell
NON COMMITTEE MEMBERS
Cr Amelia Lorentson
Cr Frank Wilkie
EXECUTIVE
Scott Waters, Chief Executive Officer
Kim Rawlings, Director Environment & Sustainable Development
Larry Sengstock, Director Infrastructure Services
APOLOGIES
Cr Clare Stewart
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. REVISED POLICY GUIDELINES- PRIVATE LAND CONSERVATION
PARTNERSHIPS
Council Resolution
Moved: Cr Brian Stockwell
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ORDINARY MEETING MINUTES 20 APRIL 2023
Seconded: Cr Tom Wegener
That Noosa Council (Council) note the report by the Conservation Partnerships
Officer to the Planning & Environment Committee Meeting dated 11 April 2023 and;
A. Approve the amendments as outlined in the attached updated Private Land
Conservation Partnerships Policy Guideline.
B. Delegate to the CEO to make minor administrative changes to the Policy
Guideline prior to publishing it on the website.
C. Request staff to address program resourcing as part of the 2023-24 budget
process.
Carried Unanimously.
5.2. SMALL BUSINESS FRIENDLY PROGRAM
That Council note the report by the Project Officer Economic Development to the
Planning & Environment Committee Meeting dated 11 April 2023 regarding the Small
Business Friendly Councils Program and:
A. Approve Council to join the "Small Business Friendly Councils Program" and
B. Delegate authority to the Chief Executive Officer to deal with any matters
arising from the implementation of the Charter.
5.3. MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR
SHORT TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD,
TINBEERWAH
That Planning & Environment Committee Agenda Item 5.3 be referred to the General
Committee due to the significance of the issue.
5.4. MCU22/0038.01 – MINOR CHANGE TO A DEVELOPMENT PERMIT
(COMMERCIAL BUSINESS TYPE 1 – OFFICE AND COMMERCIAL BUSINESS
TYPE 2 - MEDICAL) AT 28 EENIE CREEK ROAD, NOOSAVILLE
That Council note the report by the Acting Coordinator Planning to the Planning &
Environment Committee Meeting dated 11 April 2023 regarding Application No.
MCU22/0038.01 to make a minor change to an existing approval for Material Change
of Use – Commercial Business Type 1 - Office and Commercial Business Type 2 -
Medical situated at 26 Eenie Creek Road, Noosaville and:
A. Approve the change.
B. Amend conditions 2, 4, 43 and 52 as outlined in Attachment 1
C. Delete conditions 40, 46, 47, 48 and 49.
D. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. BD2147 of 2022 –
APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE
BEACH
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ORDINARY MEETING MINUTES 20 APRIL 2023
That Council note the report by the Acting Manager Development Assessment to the
Planning & Environment Committee Meeting dated 11 April 2023 regarding Planning &
Environment Court Appeal No. BD2147 of 2022 and agree to settle the appeal
generally in accordance with the proposed conditions outlined in Attachment 1.
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY –
FEBRUARY 2023
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 declare I have a prescribed conflict of interest in this matter as follows: Suncoast
Building Approvals are identified as the applicant in number 21 for Development Application
MCU22-0190 - I contracted Suncoast Building Approvals to undertake Building Certification for
my proposed residence in Boreen Point on the 29 November 2021. This process is currently
underway. The total fees associated with the completion of the certification and inspection
regime is $5,904 which includes Noosa Council Plumbing and Drainage fees. As a result of my
conflict of interest I will now leave the meeting room while the matter is considered and voted
on.
Cr Stockwell left the meeting room.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Joe Jurisevic
That Council note the report by the Acting Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 11 April 2023 regarding planning
applications that have been decided by delegated authority.
Carried Unanimously.
Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Karen Finzel
That the report of the Planning & Environment Committee dated 11 April 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 APRIL 2023
8.2. SERVICES & ORGANISATION COMMITTEE MEETING REPORT 11 APRIL 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart (via Microsoft Teams)
Cr Frank Wilkie
EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
K Rawlings, Director Environment & Sustainable Development
A Hamblin, Acting Director Community Services
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. PARKS AND PLAYGROUNDS ASSET MANAGEMENT PLAN
That Council note the report by the Civil and Asset Operations Manager to the Services
Committee Meeting dated 11 April 2023 and approve the Parks and Playgrounds Asset
Management Plan as a document that specifies the activities, resources and asset
classes to achieve Noosa Council’s asset management objectives.
5.2. NOOSA – GYMPIE WASTE MANAGEMENT MEMORANDUM OF
UNDERSTANDING
That Council note the report by the Manager Waste and Environmental Health to the
Services & Organisation Committee Meeting dated 11 April 2023 and authorise the
CEO to progress and sign a Memorandum of Understanding (MOU) with Gympie
Regional Council and subsequently work on mutually beneficial activities particularly,
but not limited to, Waste Management.
5.3. TOURISM NOOSA FUNDING AGREEMENT
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
Leigh McCready, a Director of Tourism Noosa 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.
That Services & Organisation Committee Agenda Item 5.3 be referred to the General
Committee due to the significance of the issue.
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ORDINARY MEETING MINUTES 20 APRIL 2023
5.4. PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB
That Council note the report by the Digital Hub Director to the Services & Organisation
Committee Meeting dated 11 April 2023 regarding the commercial lease of office space
at the Peregian Digital Hub and:
A. Agree to enter a commercial lease of the Unit 5 premises of 75m2 to Nabooki
Pty Ltd. for a two year term, as generally outlined in the report;
B. Authorise the CEO to award up to three subsequent lease extensions each of
1 year, subject to the lessee complying with the terms of the lease.
5.5. MOTION TO ALGA NATIONAL GENERAL ASSEMBLY 2023
That Council note the report by the Chief Executive Officer to the Services &
Organisation Committee Meeting dated 11 April 2023 regarding a motion to the
Australian Local Government Association National General Assembly 2023 and:
A. Approve the following motion that has been submitted to the Australian Local
Government Association:
"This National General Assembly calls 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 that dedicated funding is 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."
B. Approve Cr Amelia Lorentson to present this motion at the National General
Assembly noting Councillor Lorentson has formed this motion.
7.1. CENTRALISED LEGAL
SERVICES TRIAL
That Services & Organisation Committee Agenda Item 7.1 be referred to the General
Committee due to the significance of the issue.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That the report of the Services and Organisation Committee dated 11 April 2023 be
received and the recommendations therein be adopted except where dealt with by
separate resolution.
Carried Unanimously.
Page 8
ORDINARY MEETING MINUTES 20 APRIL 2023
8.3. GENERAL COMMITTEE MEETING REPORT 17 APRIL 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
Larry Sengstock, Acting CEO & Director Infrastructure Services
Trent Grauf, Acting Director Corporate Services
Kim Rawlings, Director Environment &Sustainable Development
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR
SHORT TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD,
TINBEERWAH
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 11 April 2023 regarding Application No.
MCU22/0209 for a Development Permit for Material Change of Use – Short Term
Accommodation situated at 515 Cooroy Noosa Road, Tinbeerwah and:
A. Approve the application in accordance with the conditions listed in
Attachment 1.
B. Note the report is provided in accordance with Section 63(5) of the
Planning Act 2016.
Crs Brian Stockwell, Cr Stewart, Cr Wilkie, Cr Jurisevic, Cr
For:
Lorentson, & Cr Finzel
Against: Cr Tom Wegener
Carried.
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ORDINARY MEETING MINUTES 20 APRIL 2023
5.2. TOURISM NOOSA FUNDING AGREEMENT (REFERRED FROM S&O 11
APRIL 2023)
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
Leigh McCready, a Director of Tourism Noosa 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.
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
Leigh McCready, a Director of Tourism Noosa, was involved 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 room.
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 on 24 February 2020 I sought a review by the Independent Council Election Observer
(ICEO) as to the public claims of the Future Noosa Team, of which Leigh McCready was
publicly identified as a Campaign Manager. Leigh McCready is a Director of Tourism Noosa.
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, not a statutory
process, and my queries at that time were in the public interest and neither I nor Ms
McCready stood to personally gain or lose from that advice. 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 Amelia Lorentson
Seconded: Cr Joe Jurisevic
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 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 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 this above motion.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
Page 10
ORDINARY MEETING MINUTES 20 APRIL 2023
That Council note the report by the Chief Executive Officer to the Services and
Organisation Committee Meeting dated 11 April 2023 regarding the Tourism Noosa
Funding and Performance Deed and
A. Authorise the Chief Executive Officer to execute the Funding and
Performance Deed provided at Attachment 1 to the Report;
B. Authorise the Chief Executive Officer to make changes to the Funding and
Performance Deed prior to executing the Deed as required; including
i. TN will ensure that its Strategic Plan, Marketing Plan and Events
Strategy are consistent with key aspirations and positions of
Council articulated in the Corporate Plan 2023 – 2028, relevant
Council Strategies and Plans and the DMP, in the event the DMP is
adopted by Council within the term of this agreement.
C. Confirm the release of funds as per the report for the 2024 and 2025
Financial Years.
Carried Unanimously.
Cr Stewart & Cr Finzel returned to the Meeting
Cr Steward resumed the Chair.
6.1. CONTRACT NO. CN00311 - FLOOD RECONSTRUCTION - GOLDEN
GULLY ROAD - CULVERT REPLACEMENTS
That Council note the report by the Disaster Reconstruction Coordinator to the
General Committee Meeting dated 17 April 2023, and:
A. Award Contract No. CN00311 for Golden Gully Road Culvert Replacements
to Sunshine Civil Solutions Pty Ltd for a lump sum price of $1,190,773
(excluding GST);
B. Authorise the CEO to negotiate the final contract with Sunshine Civil
Solutions Pty Ltd.
6.2. BUDGET REVIEW 2 (BR2) FOR THE 2022/23 FINANCIAL YEAR
That Council note the report by the Manager Financial Services (Acting) to the
General Committee Meeting dated 17 April 2023 and approve the proposed changes
to the budget for the 2022/23 financial year as outlined in the revised Budget
Financial Statements attached to the report.
6.3. FINANCIAL PERFORMANCE REPORT – APRIL 2023
That Council note the report by the Manager Financial Services (Acting) to the
General Committee Meeting dated 17 April 2023 outlining March 2023 year to date
financial performance against budget, including changes to the financial
performance report with the inclusion of key financial sustainability indicators.
7.1. CENTRALISED LEGAL
SERVICES TRIAL (REFERRED FROM S&O 11 APRIL 23)
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ORDINARY MEETING MINUTES 20 APRIL 2023
That Council note the report by the Chief Executive Officer to the Services &
Organisation Committee Meeting dated 11 April 2023 regarding HWL Ebsworth
Lawyers legal insourcing trial and:
A. Refer for budget consideration a Legal Officer Role within Governance to
centralise all legal matters for the Council;
B. To inform the budget process, undertake an "invitation to quote" process to
procure a suitable legal firm that can provide a broad scope of legal advice
and take legal action on behalf of the Council;
C. A further report be provided to the Council in relation to the feasibility of a
Legal Officer and outcomes of the invitation to quote process, seeking
approval from the Council to proceed prior to entering into any
agreement.
7.2. TOURIST ACCOMMODATION ZONE REVIEW -PROPOSED AMENDMENT
2A TO NOOSA PLAN 2020
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie
That Council note the confidential report by the Principal Strategic Planner to the
General Committee Meeting dated 17 April 2023 regarding the Tourist
Accommodation zone review and:
A. Propose to amend Noosa Plan 2020 in accordance with this report and
Attachments, in accordance with Part 3 Division 2 of the Planning Act 2016;
B. Submit proposed Amendments 2A to Noosa Plan 2020 to the Chief
Executive, State Development, Infrastructure, Local Government and
Planning for the purpose of State Interest Review and request the Chief
Executive of State Development, Infrastructure, Local Government and
Planning to consider the amendments as part of proposed Amendment 2
endorsed by Council on 31 January 2023 currently under review by the
state, forming a single comprehensive amendment package;
C. Authorise the CEO to make any further minor administrative changes
necessary to proposed Amendment 2A to Noosa Plan 2020 for the purpose
of State Interest Review;
D. Note that following State Interest Review a report will be submitted to
Council on proposed Amendments 2 and 2A to Noosa Plan 2020 which will
form a single comprehensive amendment package, for endorsement for
the purpose of community consultation and public notification.
Carried Unanimously.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Clare Stewart
That the report of the General Committee Meeting dated 17 April 2023 be received
and the recommendations therein be adopted except where dealt with by separate
resolution.
Carried Unanimously.
Page 12
ORDINARY MEETING MINUTES 20 APRIL 2023
9. ORDINARY MEETING REPORTS
9.1. CHANGE TO SERVICES & ORGANISATION COMMITTEE CHAIR
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Acting Chief Executive Officer to the Ordinary
Meeting dated 20 April 2023 and appoint Cr Amelia Lorentson as the Chairperson for
the Services and Organisation Committee.
Carried Unanimously
10. CLOSED SESSION
Nil
11. PUBLIC QUESTION TIME
11.1. IAN GLEW - TEWANTIN NOOSA LIONS CLUB
QUESTION 1
At the recent meeting 13/3/2023 a report was submitted asking for Car Parking to be
approved at Noosa Heads Lions Park through to May 2023 - a motion was raised and
approval only given for Christmas - New Year 2024 and Easter 2024. Tewantin Noosa
Lions club are in receipt of in excess of 1200 signatures on a partition and 148 likes on
the Long weekends and Public holidays. Community notice board supporting the
continuation of parking over all school holidays. I do support the comments made at
the meeting 13/3/2023 that some consultation should have been sought rather than
just raising a motion. I am asking what is the process to have this Motion reversed.
Response by Larry Sengstock, Acting CEO & Director of Infrastructure Services.
Standing Orders
34. - Repealing or Rescinding Resolutions
34.1 - A resolution of Council may not be amended or repealed unless notice of motion
is given in accordance with the requirements of the Local Government Act 2009 or the
Local Government Regulation 2012.
34.2 Councillors present at the meeting at which a motion to repeal or amend a
resolution is put, may defer consideration of that motion. Such deferral shall not be
longer than three (3) months.
Page 13
ORDINARY MEETING MINUTES 20 APRIL 2023
Local Government Regulations
Section 262 Repeal or amendment of resolutions
A resolution of a local government may be repealed or amended only if notice of
intention to propose the repeal or amendment is given to each councillor at least 5 days
before the meeting at which the proposal is to be made.
QUESTION 2
With the Car parking at Noosa Heads wound back to Christmas - New year and Easter
and the whole question of car parking being reviewed with the possibility of this park
not being used at all for car parking. My question is The Annual Triathlon held in the
park going to be allowed to continue, if the park is to be reverted to Greenspace I would
find it a little contradictory if the Tri was allowed to continue in the park and ceasing Car
Parking.
Response by Larry Sengstock, Acting CEO & Director of Infrastructure
Services.
Use of the Lions Park by the Noosa Tri event is not viewed as contradictory to the
reserve purpose and will be allowed to continue. The State has previously advised
utilisation of a reserve for recreation for carpark purposes is a use inconsistent with the
reserve purpose in accordance with State Policy – Operational Policy Secondary
use of trust land under the Land Act.
12. NEXT MEETING
The next Ordinary Council meeting will be held on 18 May 2023 at Council Chambers, 9
Pelican St, Tewantin at 5pm.
13. MEETING CLOSURE
The Meeting closed at 5.24pm