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                      MINUTES


            Ordinary Meeting


         Thursday 18 November, 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”
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Section 2

ORDINARY MEETING MINUTES                                                    18 NOVEMBER 2021


1   ATTENDANCE & APOLOGIES

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

    EXECUTIVE
    L Sengstock, Acting Chief Executive Officer & Director Infrastructure Services
    K Contini, Director Community Services
    L Jensen, Acting Director Environment & Sustainable Development
    D Iezzi, Director Executive Services
    T Grauf, Acting Director Corporate Services

    APOLOGIES
    Councillor F Wilkie


    The meeting commenced at 5.01pm.



2   CONFIRMATION OF MINUTES
    Council Resolution
    Moved:             Cr Finzel
    Seconded:          Cr Lorentson
    The Minutes of the Ordinary Meeting held on 21 October 2021 be received and confirmed.
                                                                       Carried unanimously.


3   MAYORAL MINUTES
    Nil.



4   PETITIONS
    1      PETITION: REQUEST FOR THE ACCESSIBLE BIKE/WALKING PATH TO BE
           EXTENDED FROM LAKE COOROIBAH TO SILVERWOOD DRIVE COOROIBAH
           Refer to Attachment 1
           Council Resolution
           Moved:           Cr Lorentson
           Seconded:        Cr Jurisevic
           That the petition signed by 640 people tabled by Cr Lorentson requesting the accessible
           bike/walking path to be extended from lake Cooroibah to Silverwood drive Cooroibah, be
           received and referred to the Chief Executive Officer to determine appropriate action.
                                                                            Carried unanimously.

                                                                                     Page 2 of 31

Section 3

ORDINARY MEETING MINUTES   18 NOVEMBER 2021


5   NOTIFIED MOTIONS

    Nil.




6   PRESENTATIONS

    Nil.




7   DEPUTATIONS

    Nil.




                                Page 3 of 31

Section 4

ORDINARY MEETING MINUTES                                                   18 NOVEMBER 2021


8    CONSIDERATION OF COMMITTEE REPORTS

1    AUDIT & RISK COMMITTEE MEETING REPORT – 20 OCTOBER 2021

The following Recommendations from the Audit & Risk Committee were adopted without
discussion or further amendment.

Council Resolution
Moved:          Cr Stockwell
Seconded:       Cr Jurisevic
That the report of the Audit & Risk Committee dated 20 October 2021 be received and the
recommendations therein be adopted.
                                                                   Carried unanimously.



1    QUEENSLAND AUDIT OFFICE REPORT
     That Council note the Queensland Audit Office Briefing Note provided by the Queensland Audit
     Office (QAO) to the Audit & Risk Committee meeting dated 20 October 2021.


2    2020-21 ANNUAL FINANCIAL STATEMENTS
     That Council note the report by the Acting Manager Financial Services to the Audit and Risk
     Committee dated 20 October 2021 and approve the 2020/21 Annual Financial Statements for
     signature by the Mayor and Chief Executive Officer.


3    GOVERNANCE UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
     dated 20 October 2021 providing an update on governance compliance matters.


4    RISK MANAGEMENT UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
     dated 20 October 2021 providing an update on risk management and other matters.


5    NOOSA COUNCIL ANNUAL REPORT 2020 - 21
     That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
     dated 20 October 2021 and the draft Annual Report for the 2020-21 financial year.




                                                                                  Page 4 of 31

Section 5

ORDINARY MEETING MINUTES                                                   18 NOVEMBER 2021


2    PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 9 NOVEMBER 2021

4    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – SEPTEMBER 2021
     Council Resolution
     Moved:         Cr Lorentson
     Seconded:      Cr Wegener
     That Council note the report by the Development Assessment Manager to the Planning &
     Environment Committee Meeting dated 9 November 2021 regarding planning applications that
     have been decided by delegated authority.
                                                                     Carried unanimously.


The following Recommendations from the Planning & Environment Committee were adopted
without discussion or further amendment.

Council Resolution
Moved:            Cr Stockwell
Seconded:         Cr Wegener
That the report of the Planning & Environment Committee dated 9 November 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
                                                                        Carried unanimously.



1    51997.2283.03 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (MULTIPLE
     DWELLINGS) AT 6/80-86 HILTON TCE NOOSAVILLE
     That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
     for further consideration.

2    132005.1133.15 – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT
     APPROVAL FOR 140 MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES –
     SHOP, RESTAURANT, MULTI-FUNCTION ROOM AND GYM AT 75 RESORT DRIVE,
     NOOSA HEADS
     That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
     for a further report.

3    MCU20/0090 – PLANNING & ENVIRONMENT COURT APPEAL NO. D12 of 2021 –
     APPLICATION FOR AN EXTENSION TO HIRE & STORAGE BUILDING AT JETTY 256
     GYMPIE TCE, NOOSAVILLE
     That Council note the report by the Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 9 November 2021 regarding Planning & Environment
     Court Appeal No. D12 of 2021 and agree to settle the appeal generally 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

                                                                                  Page 5 of 31

Section 6

ORDINARY MEETING MINUTES                                                        18 NOVEMBER 2021


          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
            DW02                                    Site Plan                      01/09/2020
            DW03                                    Floor Plan                     01/09/2020
            DW06                                    Floor Plan Storage Layout      01/09/2020
            DW11                                    Hire Boat Placement Plan       21/09/2021
                                                    Perspective 1                  21/07/2021
                                                    Perspective 2                  21/07/2021
                                                    Perspective 3                  21/07/2021
    3.    The building and structure must be finished with colours and textures that blend with and
          complement the natural setting through low reflective surfaces and timbers that can fade
          to grey. The proposed finishes shall be in accordance with perspectives 1, 2 and 3 or as
          otherwise agreed in writing by Council.
          Operational Management Plan
    4.    All vessels must be stored/docked within the lease area with all associated equipment
          (i.e. life jackets, paddles etc.) stored within the building.
    5.    The maximum number of vessels stored, available for hire/use must not exceed the
          following at any time:
          5.1.   16 Boats
          5.2.   9 Jet Skis
          5.3.   9 Kayaks
          5.4.   4 Stand up paddle boards
          5.5.   1 Paddle boat
          The vessel types and sizes must be as identified on Drawing No. DW 11, titled Hire Boat
          Placement Plan prepared by Hayley Deans Designs, unless otherwise agreed in writing
          by Council.
    6.    All boats and jet skis must be embarked and disembarked from the landing or the
          foreshore within the lease area with all kayaks, stand up paddle boards and the paddle
          boat embarked and disembarked from the foreshore within the lease area.
    7.    All initial safety/instructional briefings must be conducted fully within the lease area. No
          briefings are permitted on the foreshore area outside the lease area.
    8.    All customers hiring/using vessels must be briefed prior to embarking on where to return
          and disembark their vessel from within the lease area.
    9.    Any vessel and associated equipment for vessels (i.e. life jackets, paddles etc) returned
          outside the lease area must be relocated to the designated storage area within the lease
          area promptly by staff. Staff must regularly conduct an inspection of the foreshore areas
          to ensure all vessels and associated equipment are stored in the designated storage
          areas within the lease area.
    10.   Boat repair activities other than minor repairs such as replacing a battery are not
          permitted within the lease area.
    11.   Wastewater and sullage must only be disposed of at approved pumpout facilities.
    12.   The building and associated landing must not be utilised for live-aboard purposes.
          Currency Period
    13.   This development approval lapses if the use has not happened by 18 November 2027,
          unless an application to extend the currency period is approved by Council.
          Performance Bond


                                                                                      Page 6 of 31

Section 7

ORDINARY MEETING MINUTES                                                     18 NOVEMBER 2021


    14.   Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
          must be submitted to Council, to secure performance of all conditions of this approval,
          prior to the issue of a Development Permit for Building Works. The cash bond or trading
          bank guarantee will be returned on performance of the conditions of approval less any
          costs incurred by Council in respect of enforcing performance of this permit. Council
          reserves the right to call upon the bond or guaranteed sum to effect compliance with
          conditions. The bond shall be released after 12 months from the date the use
          commences. The applicant must notify Council in writing of the date the use
          commences.
          General Requirements
    15.   There must be no electrical reticulation system carrying electricity in excess of 24 volts
          beyond the revetment wall unless all switches and power outlets are positioned above
          the 1%AEP flood level.
    16.   Lighting associated with the use must be designed, installed, operated, and maintained
          in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor
          Lighting.
    17.   Any construction and post construction activity must not impact on the condition of the
          waterway, and must be conducted so as not to breach the Environmental Protection Act
          EPA (1994) and the Environmental Protection (Water) Policy 2009.
    18.   After completion, the proposed works must be maintained in a sound state of repair in
          accordance with the approved plans.




                                                                                    Page 7 of 31

Section 8

ORDINARY MEETING MINUTES                                                        18 NOVEMBER 2021


3    SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 9 NOVEMBER 2021

The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.

Council Resolution
Moved:            Cr Jurisevic
Seconded:         Cr Finzel
That the report of the Services & Organisation Committee dated 9 November 2021 be received and
the recommendations therein be adopted.
                                                                        Carried unanimously.


1    CONTRACT NO. T000053 BUS SHELTER SUPPLY & INSTALLATION – TENDER AWARD
     That Council note the report by the Project Officer to the Services & Organisation Committee
     Meeting dated 9 November 2021, and:
     A.     Award Contract No. T000053 for the supply and installation of bus shelters to Noosa
            Engineering & Crane Hire Pty Ltd for a period of two (2) years commencing on 30
            November 2021; and
     B.     Subject to satisfactory performance by Noosa Engineering & Crane Hire Pty Ltd,
            authorise the CEO to approve the option to extend the contract at the expiry of the first
            two (2) year term for a further three (3) terms of up to 12 months each, ending 29
            November 2026.


2    CONTRACT NO. T000058 - MAINTENANCE AND SERVICING OF HEATING,
     VENTILATION AND AIR CONDITIONING (HVAC) SYSTEMS - TENDER AWARD
     That Council note the report by the Buildings and Facilities Coordinator to the Services &
     Organisation Committee Meeting dated 9 November 2021 and
     A.     Award Contract No. T000058 for the provision of Maintenance and Servicing of Heating,
            Ventilation and Air Conditioning (HVAC) Systems to the Trustee for Gealy's Investment
            Trust t/as Gealy's Air-Conditioning & Refrigeration for a period of one (1) year
            commencing on 1 December 2021; and
     B.     Subject to satisfactory performance by the Trustee for Gealy's Investment Trust t/as
            Gealy's Air-Conditioning & Refrigeration, authorise the CEO to approve the option to
            extend the contract at the expiry of the first term for a further four (4) terms of up to 12
            months each ending on 30 November 2026.



3    TOURISM FUNDING AGREEMENT REVIEW PROCESS
     That Services & Organisation Committee Agenda Item 3 be referred to the General Committee
     for a further report.


4    JULY 2021 RATE LEVY OVERVIEW
     That Council note the report by the Manager Revenue Services to the Services & Organisation
     Committee Meeting dated 9 November 2021 providing an overview of the July 2021 Rate Levy.



                                                                                        Page 8 of 31

Section 9

ORDINARY MEETING MINUTES                                                   18 NOVEMBER 2021


5   CAPITAL PROGRAM DELIVERY STATUS – 30 SEPTEMBER 2021
    That Council note the report by the Infrastructure Planning, Design & Delivery Manager to the
    Services & Organisation Committee Meeting 9 November 2021 providing an update on the
    delivery of the 2021/22 capital program as at 30 September 2021.



6   OPERATIONAL PLAN PROGRESS REPORT – FIRST QUARTER 2021-22
    That Council note the report by the Chief Executive Officer to the Services and Organisation
    Committee Meeting dated 9 November 2021 regarding the 2021-22 Operational Plan and:
    A.   Note the progress with the implementation of the 2021-22 Operational Plan to 30
         September 2021 provided as Attachment 1 to the report; and
    B.   Note Council’s Key Performance Indicators provided as Attachment 2 to the report.




                                                                                  Page 9 of 31

Section 10

ORDINARY MEETING MINUTES                                                                 18 NOVEMBER 2021


4   GENERAL COMMITTEE MEETING REPORT – 15 NOVEMBER 2021

4   FURTHER REPORT - 132005.1133.15 – APPLICATION FOR A MINOR CHANGE TO A
    DEVELOPMENT APPROVAL FOR 140 MULTIPLE DWELLING UNITS AND ASSOCIATED
    FACILITIES – SHOP, RESTAURANT, MULTI-FUNCTION ROOM AND GYM AT 75 RESORT
    DRIVE, NOOSA HEADS
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to
    the application by Altum Constructions. I have a close personal friendship with Leigh and Rob
    McCready, who are associated with the applicant. As a result of my conflict of interest I will now leave
    the meeting room while the matter is considered and voted on.
    Cr Stewart 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 in relation to the
    application by Altum Constructions. Leigh McCready who is associated with the applicant was involved
    in a volunteer capacity with my 2020 election campaign where I was one of three candidates that ran as
    a group known as '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 in relation to
    the application by Altum Constructions. On 24 February 2020 I sought a review by the Independent
    Council Election Observer (ICEO) as to the public claims of the Future Noosa Team, of which Leigh
    McCready was publicly identified as a Campaign Manager. Leigh McCready is associated with the
    applicant. Although I have a declarable conflict of interest, I do not believe a reasonable person could
    have a perception of bias because 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 Wegener
    Seconded:            Cr Lorentson
    That Cr Jurisevic be appointed as Acting Chairperson of the meeting due to the conflict of interest
    declaration made by Cr Stewart.
                                                                                          Carried unanimously.
    Cr Stockwell did not vote on the above motion.
    Council Resolution
    Moved:             Cr Wegener
    Seconded:          Cr Lorentson
    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 Cr
    Stockwell does not stand to receive a personal benefit or loss in relation to this matter and does not
    have a close personal relationship with Altum Constructions 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.




                                                                                                Page 10 of 31

Section 11

ORDINARY MEETING MINUTES                                                      18 NOVEMBER 2021


    Council Resolution
    Moved:           Cr Wegener
    Seconded:        Cr Stockwell
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee meeting dated 9 November 2021 and the Further Report to the General Committee
    Meeting dated 15 November 2021 regarding application 132005.1133.15 to make a minor
    change to an existing approval for 140 Multiple Dwelling Units and Associated Facilities –
    Shop, Restaurant, Multi-Function Room and Gym situated at 75 Resort Drive Noosa Heads
    and:
    A.   Agree to change Conditions 2 and 83 to read as follows:
         2.     Development undertaken in accordance with this approval must generally comply
                with the approved plans of development. The approved plans are listed below and
                are as amended by the conditions herein.
         Plan No.        Rev. Plan/Document Name                                     Date
         7038-DA01       25 Masterplan Noosa Springs Resort prepared by              22-07-21
                              Blackburne Jackson Design
         7038-DA03       14   Carparking/Basement prepared by Blackburne Jackson     20-11-2018
                              Design
         7038-DA04       38   Ground Floor prepared by Blackburne Jackson Design     26-10-21

         7038-DA05       19   First Floor prepared by Blackburne Jackson Design      26-10-21

         7038-DA06       17   Second Floor prepared by Blackburne Jackson Design     26-10-21

         7038-DA07       12   Site Section prepared by Blackburne Jackson Design     08-10-2018

         7038-DA08       13   Site Section prepared by Blackburne Jackson Design     08-10-2018

         7038-DA09       16   Indicative Apartment Layouts prepared by               10-08-2018
                              Blackburne Jackson Design
         7038-DA10       14   Indicative Apartment Layouts prepared by               10-08-2018
                              Blackburne Jackson Design
         7038-DA12       09   Perspective sketches prepared by Blackburne Jackson    08-10-2018
                              Design
         7038-DA14       06   Finishes Palette prepared by Blackburne Jackson Design 29-09-17

         7038-DA17       05   Indicative Apartment Layouts prepared by               10-08-2018
                              Blackburne Jackson Design
         7038-DA19       07   Building 15 Elevations prepared by Blackburne          10-08-2018
                              Jackson Design
         7038-DA20       08   Block 18 - Elevations prepared by Blackburne           08-10-2018
                              Jackson Design
         7038-DA21       08   Building 3 Elevations prepared by Blackburne           01-11-2018
                              Jackson Design
         7038-DA23       11   Block 2 - Elevations prepared by Blackburne            01-11-2018
                              Jackson Design
         DD1.1           F    Location Plan prepared by Sparks Architects            08-06-2017

         DD1.3           H    Unit Type 1 prepared by Sparks Architects              08-06-2017

         DD1.4           H    Unit Type 2 prepared by Sparks Architects              08-06-2017



                                                                                   Page 11 of 31

Section 12

ORDINARY MEETING MINUTES                                                   18 NOVEMBER 2021


        Plan No.    Rev. Plan/Document Name                                      Date
        DD1.6       E    First Floor Plan Block 7 prepared by Sparks             08-06-2017
                         Architects
        DD1.7       D    Roof Plan Block 7 prepared by Sparks Architects         08-06-2017

        DD1.9       E   First Floor Plan Block 8 prepared by Sparks              08-06-2017
                        Architects
        DD1.10      D   Roof Plan Block 8 prepared by Sparks Architects          08-06-2017

        DD1.12      E   First Floor Plan Block 9 prepared by Sparks              08-06-2017
                        Architects
        DD1.13      D   Roof Plan Block 9 prepared by Sparks Architects          08-06-2017

        WD2.1       B   Elevations prepared by Sparks Architects                 23-08-2017

        WD2.2       B   North Elevations Block 7 prepared by Sparks              23-08-2017
                        Architects
        WD2.3       B   East Elevations Block 7 prepared by Sparks               23-08-2017
                        Architects
        WD2.4       B   South Elevations Block 7 prepared by Sparks              23-08-2017
                        Architects
        WD2.5       L   West Elevations Block 7 prepared by Sparks               10-05-2019
                        Architects
        WD2.6       B   Elevations Block 8 prepared by Sparks Architects         23-08-2017

        WD2.7       B   Elevations Block 9 prepared by Sparks Architects         23-08-2017

        DD3.1       D   Sections Block 7 prepared by Sparks Architects           08-06-2017

        DD3.2       B   Section Block 7 prepared by Sparks Architects            08-06-2017

        DD3.3       D   Section Block 8 prepared by Sparks Architects            08-06-2017

        DD3.4       D   Section Block 9 prepared by Sparks Architects            08-06-2017

        DD4.1       G   3D prepared by Sparks Architects                         08-06-2017

        DD4.2       G   3D prepared by Sparks Architects                         08-06-2017

        DD4.3       G   3D prepared by Sparks Architects                         08-06-2017

        DD4.4       G   3D prepared by Sparks Architects                         08-06-2017

        DD4.5       G   3D prepared by Sparks Architects                         08-06-2017

        DD4.6       G   3D prepared by Sparks Architects                         08-06-2017

        DD4.7       G   3D prepared by Sparks Architects                         08-06-2017

        5622_A01-   E   CTS 400 Site Plan – Level 1 prepared by                  JANUARY
        10_E            Blackburne Jackson Design
        7088_A01-   B   CTS 100 Site Plan – Level 1 prepared by                  03-10-17
        21_B            Blackburne Jackson Design
        7088_A01-   B   CTS 300 Site Plan – Level 1 prepared by                  03-10-17
        31_B            Blackburne Jackson Design
        7088_A02-   G   Block 15 Basement Level – Floor Plan prepared by         31-08-2018
        30_G            Blackburne Jackson Design
        7088_A02-   H   Block 15 Level 1 – Floor Plan prepared by                02-10-2018
        31_H            Blackburne Jackson Design



                                                                               Page 12 of 31

Section 13

ORDINARY MEETING MINUTES                                                    18 NOVEMBER 2021


        Plan No.     Rev. Plan/Document Name                                      Date
        7088_A02-    H    Block 15 Level 2 – Floor Plan prepared by               02-10-2018
        32_H              Blackburne Jackson Design
        7088_A02-    H    Block 15 Level 3 – Floor Plan prepared by               02-10-2018
        33_H              Blackburne Jackson Design
        7098_A02-    M    Block 3 Basement Level – Floor Plan prepared by         05-09-2018
        01_M              Blackburne Jackson Design
        7098_A02-    L    Block 3 Level 1 – Floor Plan prepared by                05-09-2018
        02_L              Blackburne Jackson Design
        7098_A02-    J    Block 3 Level 2 – Floor Plan prepared by                05-09-2018
        03_J              Blackburne Jackson Design
        7098_A02-    K    Block 3 Level 3 – Floor Plan prepared by                05-09-2018
        04_K              Blackburne Jackson Design
        7088_A02-    G    Block 16 Basement Level – Floor Plan prepared by        31-08-2018
        90_G              Blackburne Jackson Design
        7088_A02-    H    Block 16 Level 1 – Floor Plan prepared by               02-10-2018
        91_H              Blackburne Jackson Design
        7088_A02-    H    Block 16 Level 2 – Floor Plan prepared by               02-10-2018
        92_H              Blackburne Jackson Design
        7088_A02-    H    Block 16 Level 3 – Floor Plan prepared by               02-10-2018
        93_H              Blackburne Jackson Design
        7088_A04-    D    Block 15 - Elevations prepared by Blackburne            04-09-17
        10_D              Jackson Design
        7088_A04-    D    Block 15 - Elevations prepared by Blackburne            04-09-17
        11_D              Jackson Design
        7098_A04-    D    Block 3 - Elevations prepared by Blackburne             03-10-17
        01_D              Jackson Design
        7098_A04-    D    Block 3 - Elevations prepared by Blackburne             03-10-17
        02_D              Jackson Design
        7088_A04-    D    Block 16 - Elevations prepared by Blackburne            04-09-17
        30_D              Jackson Design
        7088_A04-    D    Block 16 - Elevations prepared by Blackburne            04-09-17
        31_D              Jackson Design
        7088_A05-    C    Block 15 - Sections prepared by Blackburne              04-09-17
        10_C              Jackson Design
        7088_A05-    C    Block 16 - Sections prepared by Blackburne              04-09-17
        15_C              Jackson Design
        7088_AO17-   02   Parkridge Building 2 & 14 prepared by Blackburne        09-10-2018
        01_02             Jackson Design
        7088_AO17-   03   Parkside Buildings 18-21 prepared by Blackburne         09-10-2018
        03_03             Jackson Design
        7088_AO17-   03   Parkside Buildings 15 & 16 prepared by                  09-10-2018
        04_03             Blackburne Jackson Design
        7088_AO17-   03   Parkside Buildings 17 & 22 prepared by                  09-10-2018
        05_03             Blackburne Jackson Design
        7088_AO17-   03   Parkside Buildings 5 & 6 prepared by Blackburne         09-10-2018
        06_03             Jackson Design



                                                                                Page 13 of 31

Section 14

ORDINARY MEETING MINUTES                                                  18 NOVEMBER 2021


        Plan No.    Rev. Plan/Document Name                                     Date
        7038_DA30   03 CTS 100, 700 & 800 Site Plan prepared by                 08-10-2018
                         Blackburne Jackson Design
        7038_DA31   02   CTS 300 & 500 Site Plan prepared by Blackburne         08-10-2018
                         Jackson Design
        7038_DA32   02   CTS 900 Site Plan prepared by Blackburne               08-10-2018
                         Jackson Design
        7038_DA33   03   Block 4 – Elevations prepared by Blackburne            01-11-2018
                         Jackson Design
        7038_DA34   03   Block 4 – Elevations prepared by Blackburne            01-11-2018
                         Jackson Design
        7038_DA35   03   Block 5 – Elevations prepared by Blackburne            01-11-2018
                         Jackson Design
        7038_DA36   03   Block 5 – Elevations prepared by Blackburne            01-11-2018
                         Jackson Design
        7038_DA37   02   Block 6 – Elevations prepared by Blackburne            08-10-2018
                         Jackson Design
        7038_DA38   02   Block 6 – Elevations prepared by Blackburne            08-10-2018
                         Jackson Design
        7038_DA39   04   Block 14 – Elevations prepared by Blackburne           05.02.2019
                         Jackson Design
        7038_DA40   04   Block 14 – Elevations prepared by Blackburne           05.02.2019
                         Jackson Design
        7038_DA41   02   Block 17 – Elevations prepared by Blackburne           09-08-2018
                         Jackson Design
        7038_DA42   02   Block 17 – Elevations prepared by Blackburne           09-08-2018
                         Jackson Design
        7038_DA43   02   Block 21 – Elevations prepared by Blackburne           09-10-2018
                         Jackson Design
        7038_DA44   02   Block 21 – Elevations prepared by Blackburne           09-10-2018
                         Jackson Design
        7038_DA45   04   Block 22 – Elevations prepared by Blackburne           01-11-2018
                         Jackson Design
        7038_DA46   04   Block 22 – Elevations prepared by Blackburne           01-11-2018
                         Jackson Design
        7038_DA47   03   Block 22 – Roof prepared by Blackburne Jackson         09-10-2018
                         Design
        7038_DA61   02   Block 2 – Basement prepared by Blackburne              09-10-2018
                         Jackson Design
        7038_DA62   02   Block 2 – Level 1 prepared by Blackburne Jackson       09-10-2018
                         Design
        7038_DA63   02   Block 2 – Level 2 prepared by Blackburne Jackson       09-10-2018
                         Design
        7038_DA64   02   Block 2 – Level 3 prepared by Blackburne Jackson       09-10-2018
                         Design
        7038_DA65   02   Block 4 – Basement – Floor Plan prepared by            09-10-2018
                         Blackburne Jackson Design



                                                                              Page 14 of 31

Section 15

ORDINARY MEETING MINUTES                                                18 NOVEMBER 2021


        Plan No.    Rev. Plan/Document Name                                   Date
        7038_DA66   02 Block 4 – Level 1 – Floor Plan prepared by             09-10-2018
                         Blackburne Jackson Design
        7038_DA67   02   Block 4 – Level 2 – Floor Plan prepared by           09-10-2018
                         Blackburne Jackson Design
        7038_DA68   02   Block 4 – Level 3 – Floor Plan prepared by           09-10-2018
                         Blackburne Jackson Design
        7038_DA69   02   Block 5 – Basement prepared by Blackburne            09-10-2018
                         Jackson Design
        7038_DA70   02   Block 5 – Level 1 prepared by Blackburne Jackson     09-10-2018
                         Design
        7038_DA71   02   Block 5 – Level 2 prepared by Blackburne Jackson     09-10-2018
                         Design
        7038_DA72   02   Block 5 – Level 3 prepared by Blackburne Jackson     09-10-2018
                         Design
        7038_DA73   02   Block 6 – Basement prepared by Blackburne            09-10-2018
                         Jackson Design
        7038_DA74   02   Block 6 – Level 1 prepared by Blackburne Jackson     09-10-2018
                         Design
        7038_DA75   02   Block 6 – Level 2 – Floor Plan prepared by           09-10-2018
                         Blackburne Jackson Design
        7038_DA76   02   Block 6 – Level 3 prepared by Blackburne Jackson     09-10-2018
                         Design
        7105_A02-   L    Block 14 – Basement prepared by Blackburne           03-02-2020
        01_L             Jackson Design
        7038_DA78   03   Block 14 – Level 1 prepared by Blackburne            05.02.2019
                         Jackson Design
        7038_DA79   02   Block 14 – Level 2 prepared by Blackburne            09-10-2018
                         Jackson Design
        7038_DA80   02   Block 17 – Basement prepared by Blackburne           09-08-2018
                         Jackson Design
        7038_DA81   02   Block 17 – Level 1 prepared by Blackburne            09-08-2018
                         Jackson Design
        7038_DA82   02   Block 17 – Level 2 prepared by Blackburne            09-08-2018
                         Jackson Design
        7038_DA83   02   Block 17 – Level 3 prepared by Blackburne            09-10-2018
                         Jackson Design
        7038_DA84   02   Block 18 – Undercroft prepared by Blackburne         09-10-2018
                         Jackson Design
        7038_DA85   02   Block 18 – Level 1 prepared by Blackburne            09-10-2018
                         Jackson Design
        7038_DA86   02   Block 18 – Level 2 prepared by Blackburne            09-10-2018
                         Jackson Design
        7038_DA87   02   Block 19 – Undercroft prepared by Blackburne         09-10-2018
                         Jackson Design
        7038_DA88   02   Block 19 – Level 1 prepared by Blackburne            09-10-2018
                         Jackson Design



                                                                            Page 15 of 31

Section 16

ORDINARY MEETING MINUTES                                                 18 NOVEMBER 2021


        Plan No.     Rev. Plan/Document Name                                   Date
        7038_DA89    02 Block 19 – Level 2 prepared by Blackburne              09-10-2018
                          Jackson Design
        7038_DA90    02   Block 20 – Undercroft prepared by Blackburne         09-10-2018
                          Jackson Design
        7038_DA91    02   Block 20 – Level 1 prepared by Blackburne            09-10-2018
                          Jackson Design
        7038_DA92    02   Block 20 – Level 2 prepared by Blackburne            09-10-2018
                          Jackson Design
        7038_DA93    02   Block 21 – Undercroft prepared by Blackburne         09-10-2018
                          Jackson Design
        7038_DA94    02   Block 21 – Level 1 prepared by Blackburne            09-10-2018
                          Jackson Design
        7038_DA95    02   Block 21 – Level 2 prepared by Blackburne            09-10-2018
                          Jackson Design
        7038_DA96    02   Block 22 – Basement prepared by Blackburne           09-10-2018
                          Jackson Design
        7038_DA97    02   Block 22 – Level 1 prepared by Blackburne            09-10-2018
                          Jackson Design
        7038_DA98    02   Block 22 – Level 2 prepared by Blackburne            09-10-2018
                          Jackson Design
        7038_DA99    02   Block 22 – Level 3 prepared by Blackburne            09-10-2018
                          Jackson Design
        7038_DA100   04   Block 2 – Sections prepared by Blackburne            01-11-2018
                          Jackson Design
        7038_DA101   04   Block 2 – Sections prepared by Blackburne            01-11-2018
                          Jackson Design
        7038_DA102   03   Block 3 – Sections prepared by Blackburne            01-11-2018
                          Jackson Design
        7038_DA103   03   Block 3 – Sections prepared by Blackburne            01-11-2018
                          Jackson Design
        7038_DA104   03   Block 4 – Sections prepared by Blackburne            01-11-2018
                          Jackson Design
        7038_DA105   03   Block 4 – Sections prepared by Blackburne            01-11-2018
                          Jackson Design
        7038_DA106   03   Block 5 – Sections prepared by Blackburne            01-11-2018
                          Jackson Design
        7038_DA107   03   Block 5 – Sections prepared by Blackburne            01-11-2018
                          Jackson Design
        7038_DA108   02   Block 6 – Sections prepared by Blackburne            09-10-2018
                          Jackson Design
        7038_DA109   02   Block 6 – Sections prepared by Blackburne            09-10-2018
                          Jackson Design
        7038_DA110   04   Block 14 – Sections prepared by Blackburne           05.02.2019
                          Jackson Design
        7038_DA111   04   Block 14 – Sections prepared by Blackburne           05.02.2019
                          Jackson Design



                                                                             Page 16 of 31

Section 17

ORDINARY MEETING MINUTES                                                  18 NOVEMBER 2021


        Plan No.      Rev. Plan/Document Name                                   Date
        7038_DA112    02 Block 16 – Sections prepared by Blackburne             09-08-2018
                           Jackson Design
        7038_DA113    01   Block 16 – Sections prepared by Blackburne           09-08-2018
                           Jackson Design
        7038_DA114    03   Block 17 – Sections prepared by Blackburne           09-08-2018
                           Jackson Design
        7038_DA115    03   Block 17 – Sections prepared by Blackburne           09-08-2018
                           Jackson Design
        7038_DA116    02   Block 19 – Sections prepared by Blackburne           09-10-2018
                           Jackson Design
        7038_DA117    02   Block 19 – Sections prepared by Blackburne           09-10-2018
                           Jackson Design
        7038_DA118    02   Block 20 – Sections prepared by Blackburne           09-10-2018
                           Jackson Design
        7038_DA119    02   Block 20 – Sections prepared by Blackburne           09-10-2018
                           Jackson Design
        7038_DA120    02   Block 21 – Sections prepared by Blackburne           09-10-2018
                           Jackson Design
        7038_DA121    02   Block 21 – Sections prepared by Blackburne           09-10-2018
                           Jackson Design
        7038_DA122    03   Block 22 – Sections prepared by Blackburne           01-11-2018
                           Jackson Design
        7038_DA123    03   Block 22 – Sections prepared by Blackburne           01-11-2018
                           Jackson Design
        7088_A04-55   A    Block 18 – Elevations prepared by Blackburne         29.06.2018
                           Jackson Design
        7088_A04-56   A    Block 18 – Elevations prepared by Blackburne         29.06.2018
                           Jackson Design
        7088_A04-60   A    Block 19 – Elevations prepared by Blackburne         29.06.2018
                           Jackson Design
        7088_A04-61   A    Block 19 – Elevations prepared by Blackburne         29.06.2018
                           Jackson Design
        7088_A04-65   A    Block 20 – Elevations prepared by Blackburne         29.06.2018
                           Jackson Design
        7088_A04-66   A    Block 20 – Elevations prepared by Blackburne         29.06.2018
                           Jackson Design
        7088_A04-70   A    Block 21 – Elevations prepared by Blackburne         29.06.2018
                           Jackson Design
        7088_A04-71   A    Block 21 – Elevations prepared by Blackburne         29.06.2018
                           Jackson Design
        WD1.3         I    Site Plan prepared by Sparks Architects              16-05-2018
        WD1.8         I    Ground Floor Plan Block 7 prepared by Sparks         16-05-2018
                           Architects
        WD1.11        H    Ground Floor Plan Block 8 prepared by Sparks         16-05-2018
                           Architects




                                                                              Page 17 of 31

Section 18

ORDINARY MEETING MINUTES                                                         18 NOVEMBER 2021


        Plan No.           Rev. Plan/Document Name                                     Date
        WD1.14             H    Ground Floor Plan Block 9 prepared by Sparks           16-05-2018
                                Architects
        5737_DA‐02‐        06   Level 1 Floor Plan prepared by Blackburne              05‐08‐21
        01                      Jackson Design
        5737_DA‐02‐        04   Upper Level 1 Floor Plan prepared by Blackburne        22-07-21
        02                      Jackson Design
        5737_DA‐02‐        01   Roof Floor Plan prepared by Blackburne Jackson         22-07-21
        03                      Design
        5737_DA‐04‐        04   Elevations prepared by                                 22-07-21
        01                      Blackburne Jackson Design
        5737_DA‐05‐        01   Sections prepared by Blackburne Jackson Design         22-07-21
        01
        5737_DA‐17‐        05   Perspective Views prepared by Blackburne               05‐08‐21
        01                      Jackson Design

        83.   The development shall comply with the Noise Management Plan (Report No:
              R21055/D3295/Rev.0/25.08.21) prepared by David Moore & Associates and dated
              25 August 2021 to the reasonable satisfaction of Council, including:
              a.   The necessary and appropriate noise control measures incorporated into the
                   façade of the apartments and within the restaurant/café in the Resort
                   Facilities Building. These measures shall include:
                   i.       Upgraded glazing and air-conditioning to the potentially affected
                            apartments;
                   ii.      Strategically placed wing walls on balconies to screen the apartment
                            and balconies from outdoor dining areas;
                   iii.     Deleted
                   iv.      The restaurant/café use is to operate between the hours of 6am and
                            12 am only;
                   v.       After 10pm all doors/windows must be fully closed;
                   vi.      The underside of all roof elements over outdoor dining areas
                            associated with the café use are to be lined with acoustic absorptive
                            lining minimum NRC 0.7;
                   vii.     No dining is permitted outside the building.
                   viii.    All amplified noise at the premises must be conducted through a sound
                            limiting device at all times to ensure that noise does not exceed the
                            following: during the daytime and evening (0600 to 2200) must not
                            exceed 92 dB(A) LWA, 90dB(A) LAeq, adj, T at 3 metres from the
                            speakers.
                   ix.      Any live performer must be required to play through the in-house
                            system. No speakers (in addition to the in-house system) are permitted
                            on site.
              b.   Within 20 business days of the commencement of trading of the
                   restaurant/café use, Council must be provided with a Noise Management
                   Plan which is specific to the use and prepared on the basis of physical and
                   technical assessment of noise from the restaurant/café use, including both
                   internal and external use areas. The noise management plan must suitably
                   detail physical and management noise control measures.

                                                                                     Page 18 of 31

Section 19

ORDINARY MEETING MINUTES                                                                 18 NOVEMBER 2021


                 c.        The applicant must advise prospective purchasers that a Noise
                           Management Plan has been prepared to manage noise emissions related
                           to the development.
                 d.        The Noise Management Plan referred to in Condition 83(b) shall be
                           incorporated in perpetuity in the By-Laws of the Body Corp for the whole
                           development.
                 e.        The Noise Management Plan shall include a process for dealing with
                           complaints and specify that the Restaurant/Café Management and Body
                           Corp Manager be responsible for dealing with any noise complaints.
    B.    Add additional Condition 98 to read as follows:
          98.    On completion of the works associated with enclosing the restaurant outdoor dining
                 area certification from an appropriately qualified acoustic consultant must be
                 provided. The certification must confirm that the as-constructed built form achieves
                 the minimum 25 dB(A) noise reduction identified in the noise management plan
                 (Report No: R21055/D3295/Rev.0/25.08.21 prepared by David Moore & Associates
                 and dated 25 August 2021) and that all plant and equipment including the new air-
                 conditioning plant achieves compliance with the development approval noise limits.
    C.    Add additional Advisory Note 12
          Additional ADVISORY NOTE – 21 October 2021
          12.    This Development Permit for a “Minor Change to an Existing Approval” reference
                 132005.1133.15 will trigger an “Infrastructure Charge Notice” to be issued in
                 accordance with Council’s “Charges Resolution” made pursuant to the Sustainable
                 Planning Act 2009 and in conjunction with the State Planning Regulatory Provision
                 (adopted charges).
                 The infrastructure charge relates to the Minor Change to Stage CTS 400 (Resort
                 Facilities) as follows:
                                                                                                    Approved
             Stage No.       Use                                          Existing Quantity
                                                                                                    Quantity
                             Commercial Business – Type 1 – Office        103 m2                    103 m2
                             Entertainment & Dining Business – Type 1
                                                                          289 m2                    312 m2
             Stage           – Food & Beverage
             CTS 400                                                                                246 m2
             (Resort         Entertainment & Dinning Business – Type 2    246 m2                    (Non-court area
             Facilities)      – Recreation, amusement and fitness         (Non-court area = 38 m2   = 38 m2
                             (Resort facility)                            & Court area = 208m2)     & Court area =
                                                                                                    208m2)

                             Retail Business – Type 2 – Shop              21 m2                     16 m2

    D.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                           Carried unanimously.
    Crs Stewart and Finzel returned to the meeting.
    Cr Stewart resumed the Chair.



7   COASTAL HAZARDS ADAPTATION                          PLAN      &      SECOND      ROUND          COMMUNITY
    CONSULTATION SUBMISSIONS
    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

                                                                                                  Page 19 of 31

Section 20

ORDINARY MEETING MINUTES                                                              18 NOVEMBER 2021


    brother, Gabriel Cerasani, owns a property at Beaches Estate, Sunrise Beach which is one of the
    properties identified as `at risk' under the draft CHAP. My brother owns a beachfront property at Sunrise
    Beach. The Property is directly affected by the draft CHAP and directly covered by mapping looking at
    future erosion risk based on future models. My brother has also made a submission on the CHAP and
    is also a member of the executive committee of the Eastern Beaches Protection Association Inc. During
    my election campaign my brother helped me with my campaign, handed out voting cards and 2 of my
    election signs were outside his property on David Low Way. At a recent meeting, I declared my COI
    and asked to leave the room as I have in the past because although I believe I could consider the matter
    impartially and in the public interest, I believe that some members of the public may still have a
    perception of bias. Because of the significance of the CHAP and its Shire-wide implications, and
    because I have received legal advice from Council’s lawyers to state that I have a declarable and not
    prescribed COI, I would like to exercise my right to due process under s150 ES(3) of the Local
    Government Act 2009,and ask that the Councillors present at this meeting room, be my judge and
    decide whether I must leave the room or if I can stay and participate in the meeting, including voting on
    the matter. The legal advice received a few days ago, states that my personal interest in matters
    concerning the CHAP in fact form the basis of a declarable conflict of interest and not a prescribed
    interest: “when matters being considered by Council is not an application, rather the draft CHAP, we
    consider that the personal interest is not caught by s150EI and is not capable of forming the basis of a
    prescribed COI in matters concerning the CHAP.” It is on record that on a number of occasions I have
    indicated to the CEO that I would strongly prefer to be engaged in the CHAP process on the basis that
    this issue is a significant one for the whole community and the whole shire deserves the representation
    of all its elected representatives. In fact the CHAP has political, legal and financial implications for the
    whole SHIRE of Council not just Sunrise Beach, and the narrow area that affects my brother. Many of
    these implications are unrelated to the perceived interest of one property on the Eastern Beaches.
    Everyone in this room and every ratepayer will be impacted by the CHAP and not just my brother.
    Council assets, our beaches, the environment and all ratepayers. This is evident on page 3 of the Draft
    CHAP, where the CHAP’s core objectives are listed to include:
    •        identifying what actions are required to avoid, reduce or adapt to these risks to people, property,
             assets and environment;
    •        providing mapping and visual products and deliverables that are useful for a range of purposes
             across Council departments and functions and within the community (e.g. planning scheme, asset
             management, community awareness, disaster management and financial planning; and
    •        to provide direction for a coordinated approach for Council and the community to adapt to climate
             change and coastal hazards.
    The CHAP covers open Coast areas - Peregian Beach to Sunshine Beach, Noosa Heads, and Noosa
    North Shore. It includes areas along the Lower Noosa River (Noosa Heads, Tewantin, and in particular
    Noosaville and Noosa North Shore) that will be increasingly at risk of inundation associated with rising
    sea levels. Inundation and rising sea levels will pose the greatest risk to Council infrastructure such as
    stormwater networks, open space and roads and some private property, as well as indirect
    consequences on adjacent retail and commercial activities. In open coast areas, impacts will be
    experienced not just to private properties, but also to Council Infrastructure, such as roads and
    recreational areas, including our beaches. It is understood that the CHAP in its final form, together with
    the Climate Change Adaptation Plan, the Zero Emissions Strategy and the Climate Change Policy, will
    form Council’s response to climate change. Further, the CHAP is intended to guide decision-making
    across key areas of Council, including:
    a.       Corporate and operational planning and financial planning;
    b.       Land use planning and development assessment;
    c.       Infrastructure planning, design and management including roads, stormwater and foreshores;
    d.       Management of non-infrastructure assets including conservation and recreational areas;
    e.       Community resilience planning; and
    f.       Emergency management.
    These are significant Shire wide implications that will impact more than just the one property that my
    brother owns at Sunrise Beach. It is my opinion that is not democratic nor reasonable to exclude me
    from a significant or important shire wide issue which is, in my opinion, a policy and not a planning
    instrument. Although I have a declarable conflict of interest and I believe I could consider the matter
    impartially and in the public interest. 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. I also inform the
    meeting that I have a further declarable conflict of interest in this matter as I have a close personal
    relationship with Mark Bain and the Bain family, owner of 1 Noosa River Road which is an at risk property
    under the draft CHAP, they are family friends that have attended social events together and whose
    children both attended school together and surfed together as part of the Noosa Board Riders Club.

                                                                                             Page 20 of 31

Section 21

ORDINARY MEETING MINUTES                                                              18 NOVEMBER 2021


    During the election I had an election sign at Gympie Tce Petrol Station with the approval of the business
    owner and Mark Bain was the landlord of the property. Mr Bain also appeared in one of my videos
    circulated during the election campaign. I believe I can consider this matter impartially and 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 and participate in the decision without voting regarding the Eastern
    Beaches and Noosa North Shore.

    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 on 5 March
    2020, Mr Peter Butt who is an Executive Member of the Eastern Beaches Protection
    Association donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that
    ran as a group known as 'Future Noosa' (which is no longer an entity). Although I have a declarable
    conflict of interest, I do not believe a reasonable person could have a perception of bias because I
    believe that I do not have a close personal relationship with Mr Butt and I believe I can consider this
    matter impartially and 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 and participate in the
    decision.

    Council Resolution
    Moved:            Cr Stewart
    Seconded:         Cr Jurisevic
    That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
    interest that Cr Lorentson remain in the meeting room for this item, on the condition that she does not
    participate in the debate nor vote on issues regarding the private estate along the Eastern Beaches and
    Noosa North Shore, because Council believes that Cr Lorentson could provide valuable input into the
    discussion on such a significant Shire-wide matter, and therefore a reasonable person would trust that
    the final decision is made in the public interest.
                                                                                      Carried unanimously.
    Crs Lorentson and Finzel did not vote on the above motion.
    Council Resolution
    Moved:              Cr Stewart
    Seconded:           Cr Jurisevic
    That Council note the declarable conflict of interest by Cr Finzel and determine that it is in the public
    interest that Cr Finzel remain in the meeting room for this item, on the condition that she does not
    participate in the debate nor vote on issues regarding the private estate along the Eastern Beaches,
    because Council believes that Cr Finzel could provide valuable input into the discussion on such a
    significant Shire-wide matter, and therefore a reasonable person would trust that the final decision is
    made in the public interest.
                                                                                    Carried unanimously
    Crs Lorentson and Finzel did not vote on the above motion.

    Council Resolution
    Moved:              Cr Stockwell
    Seconded:           Cr Jurisevic
    That Council note the report by the Principal Strategic Planner to the General Committee
    Meeting dated 15 November 2021 and
    A.    Note the submissions received during the second round of community consultation on
          the draft Coastal Hazards Adaptation Plan;
    B.    Amend the description of Figures 4 and 8 of the CHAP (as shown in Attachment 2 tracked
          changes copy) to correctly reference the ‘design event’ rather than simply the 100
          Average Recurrence Interval and amend the related footnote that appears on pages 22
          and 39 to describe the various components of the design event upon which the erosion
          and stormtide mapping were prepared.

                                                                                             Page 21 of 31

Section 22

ORDINARY MEETING MINUTES                                                         18 NOVEMBER 2021


     C.     Approve the revised Coastal Hazards Adaptation Plan and forward to the State
            Government for final endorsement with the following change:
            1.    The 2nd last paragraph on page 83 in Attachment 2 - tracked changes copy, be
                  amended to read:
                  “Adapting to coastal hazards is a shared responsibility for all stakeholders within
                  the Noosa community. Success requires the community, Council, and other key
                  agencies to work together to respond to, and overcome, the current challenges
                  posed by rising sea levels to reduce their impact into the future.”
                                                                               Carried unanimously.


8    CONTRACT NO T000048 TRAFFIC CONTROL SERVICES - TENDER AWARD
     Council Resolution
     Moved:           Cr Stockwell
     Seconded:        Cr Jurisevic
     That Council note the report by the Acting Civil Operations Manager to the General Committee
     Meeting dated 15 November 2021, and
     A.     Award Contract No. T000048 for the provision of Traffic Control Services to Verifact
            Traffic Pty Ltd for a period of two (2) years commencing on 22 November 2021; and
     B.     Subject to satisfactory performance by Verifact Traffic Pty Ltd, authorise the CEO to
            approve the options to extend the contract at the expiry of the first two (2) year term for
            a further three (3) terms of up to 12 months each ending 21 November 2026. The options
            to extend will be at Council’s own discretion and subject to the contractor’s ability to meet
            the requirements under the contract.
     C.     Request staff advise the successful applicants that future decisions regarding exercising
            the option to extend will be reliant on contractors being able to demonstrate alignment
            with Council’s policy of achieving zero net emissions by 2026.
                                                                              Carried unanimously.



The following Recommendations from the General Committee were adopted without
discussion or further amendment.

Council Resolution
Moved:            Cr Jurisevic
Seconded:         Cr Finzel
That the report of the General Committee dated 15 November 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
                                                                        Carried unanimously.



1    51997.2283.03 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (MULTIPLE
     DWELLINGS) AT 6/80-86 HILTON TCE NOOSAVILLE
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 9 November 2021 regarding Application No. 51997.2283.03 to make
     a minor change to an existing approval for Multiple Dwellings at 6/80-86 Hilton Tce Noosaville
     and request staff to prepare a further report for the Ordinary Meeting dated 18 November 2021
     including conditions for approval of the application.

                                                                                       Page 22 of 31

Section 23

ORDINARY MEETING MINUTES                                                   18 NOVEMBER 2021


2   132005.1133.15 – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT
    APPROVAL FOR 140 MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES –
    SHOP, RESTAURANT, MULTI-FUNCTION ROOM AND GYM AT 75 RESORT DRIVE,
    NOOSA HEADS
    Refer to Further Report at Report 4.


3   TOURISM FUNDING AGREEMENT REVIEW PROCESS
    Refer to Further Report at Report 5.


5   FURTHER REPORT - TOURISM FUNDING AGREEMENT REVIEW PROCESS
    That Council note the report by the Chief Executive Officer to the Services and Organisation
    Committee Meeting dated 9 November 2021 and the Further Report by the Acting Chief
    Executive Officer to the General Committee dated 15 November 2021 regarding the Tourism
    Noosa Funding Agreement Review Process and
    A.   Agree to extend the existing funding agreement between Council and Tourism Noosa for
         a further term of 12 months on and from 1 July 2022 on the same terms and conditions
         as contained in the existing funding agreement. Noting that Council’s funding is aligned
         to the delivery of:
         i.    Guiding Principles 1 & 2 “Champion the Brand, influencing improved protection
               and development of our visitor experience” and “ Deliver marketing and promotion
               which drives propensity for high-value visitation, regional and seasonal dispersal”
               in the Destination Noosa Strategy 2020-2023; and
         ii.   The collaborative involvement of Tourism Noosa as one of the stakeholders in the
               development of a Destination Management framework, including analysis of
               options for Sustainable Destination Accreditation along the lines of that envisaged
               in Priority 4 ‘Elevate Sustainability’ of the Tourism Noosa Strategy 2017-2022 .
    B.   Request the Chief Executive Officer to undertake negotiations for a new funding
         agreement with Tourism Noosa in the second half of 2022;
    C.   Note that any new long term funding agreement will not commence until 1 July 2023;
         and
    D.   Request the CEO to ensure the agreement is in line with the “Proposed Process” outlined
         in the Tourism Funding Agreement Review Process Report to the General Committee
         dated 12 July 2021.



6   RAL20/0019 – PLANNING & ENVIRONMENT COURT APPEAL NO. D116 of 2021 –
    REFUSAL OF AN APPLICATION FOR RECONFIGURING A LOT – 1 LOT INTO 2 LOTS AT
    23 JIRRIMA CRESCENT, COOROIBAH
    That Council note the report by the Manager Development Assessment to the General
    Committee Meeting dated 15 November 2021 regarding Planning & Environment Court Appeal
    No. D116 of 2021 and agree to settle the appeal generally in accordance with the following
    conditions:
    PLANNING
         When Conditions Must Be Complied With
    1.   Unless otherwise stated, all works required by the conditions of this Decision must be
         completed prior to submission of the subdivision plan to Council.

                                                                                 Page 23 of 31

Section 24

ORDINARY MEETING MINUTES                                                     18 NOVEMBER 2021


         Approved Plans
    2.   Development undertaken in accordance with this approval must generally comply with
         the approved plans of development, with each lot to maintain a minimum area of 1.5ha.
         The approved plans are listed in the following table unless otherwise amended by these
         conditions.
          Plan No.     Rev.    Plan/Document Name                                        Date
          20-5200AE    -       Plan of proposed reconfiguration of Lot 47 on RP136461,   29-10-2021
                               prepared by Max Waterson and Associates
    3.   All lot numbering on the subdivision plan to be submitted to Council for compliance
         assessment must remain as shown on the Approved Plans.
         Currency Period
    4.   This development approval lapses if the requirements of the conditions have not been
         completed and an application for plan seal is not lodged with Council by 18 November
         2025 unless an application to extend the currency period is approved by Council.
         Plan of Development
    5.   5. Any future dwelling, associated buildings and effluent disposal area on Lot 11 must
         be contained wholly within the approved building envelope shown on the approved Plans
         of Development. A copy of the approved Plan of Development and Revegetation
         Concept Plan must be included in the contract of sale for either lot, together with clauses
         which
         a)    requires any future dwelling, associated buildings and effluent disposal area on Lot
               11 must be constructed within the building envelope.
         b)    Access permission to the proposed covenant area for the purposes of fulfilling the
               requirements of the Revegetation Concept Plan and development approval
               conditions.
         Effluent Disposal
    6.   Lot 11 must be provided with an on-site waste water treatment and effluent disposal
         system having a capacity sufficient for the use and contained within the building
         envelope.
    7.   All effluent disposal areas in Lots 10 and 11 are to be wholly located within the lot in
         which they serve and comply with the boundary setback requirements of the Plumbing
         and Drainage Act 2002 and associated codes and requirements.
    ENGINEERING
         Property Access and Driveways
    8.   A residential driveway must be constructed to proposed Lot 11. The works must be
         undertaken as part of any subsequent building approval on the Lot and be generally in
         accordance with Council’s standard drawings at the time of construction.
         To advise prospective purchasers and private certifiers the following property notation or
         similar will be added to Council’s rates records for proposed Lot 11:
         Private Certifiers, owners and prospective purchasers are notified that special access
         requirements apply to this parcel of land. Contact Council's Planning Department for
         Details.
         Internal Fencing
    9.   The boundary between lots 10 & 11 must be located clear of the existing driveway and

                                                                                   Page 24 of 31

Section 25

ORDINARY MEETING MINUTES                                                   18 NOVEMBER 2021


          the fencing relocated where appropriate.
    10.   No fencing is to be constructed in the covenant area, including on the boundary.
          Stormwater Drainage
    11.   Stormwater runoff from the development must be disposed of on-site within the relevant
          lot without causing scour or damage to the subject site or any adjoining property.
          Services
    12.   Reticulated electricity and telecommunication services must be provided to each lot in
          accordance with the standards and requirements of the relevant service provider.
    13.   Unless otherwise stipulated by telecommunications legislation at the time of
          construction, the development must be provided with all necessary conduits, pits and
          pipes to accommodate the future connection of optic fibre technology
          telecommunications.
    14.   Certification must be submitted to Council from all relevant service providers (Energex
          and NBN) which certifies that the development has met the requirements of this Decision
          Notice and all applicable legislation at the time of construction.
          Easements
    15.   An easement for access purposes must be registered against the title of proposed Lot
          11 in favour of proposed Lot 10. The easement must be:
          a.   located generally in accordance with the approved plan
          b.   a minimum width of 4.5m and/or of sufficient width to fully encompass the path of
               a maintenance vehicle across the existing culvert and including the approaches on
               either side of the culvert.
          The terms of the easement must ensure that suitable access for proposed Lot 10 is
          provided in the long term and place all maintenance responsibilities of the culvert
          crossing, vehicle approaches and dam wall on the owner of Lot 11
    16.   Unless otherwise agreed in writing by the relevant service provider, any public or third
          party infrastructure located on the subject site must be placed within an easement
          registered against the title of the property.
    17.   All easements must be designed in accordance with the planning scheme and granted
          at no cost to the Grantee. Where the Grantee is Council or a service authority, the
          easement documentation must be in accordance with the Grantee’s standard easement
          terms. Draft easement documentation must be submitted to Council for endorsement.
    18.   All works must be kept clear of any existing or proposed easements on the subject land,
          unless agreed otherwise in writing by the Grantee.
          Damage to Services and Assets
    19.   Any damage caused to existing services and assets as a result of the development works
          must be repaired at no cost to the asset owner at the following times:
          a.   where the damage would cause a hazard to pedestrian or vehicle safety,
               immediately; or
          b.   where otherwise, upon completion of the works associated with the development.
          Any repair work which proposes to alter the alignment or level of existing services and
          assets must first be referred to the relevant service authority for approval.



                                                                                 Page 25 of 31

Section 26

ORDINARY MEETING MINUTES                                                     18 NOVEMBER 2021


    ENVIRONMENTAL MANAGEMENT
          Land Rehabilitation
    20.   A vegetation protection covenant must be registered against the titles of both properties
          over the proposed covenant area identified on the approved plans of development
          pursuant to Section 97A of the Land Title Act 1994. The covenant document and a
          survey plan must be submitted to Council for endorsement prior to lodgement with the
          relevant titles authority for registration of title. The covenant document must:
          a.    Incorporate the requirements of this Decision Notice;
          b.    Include Noosa Council as Covenantee; and
          c.    Reference Queensland Land Title Registry Standard Terms Document No.
                715597513.
          Works within Protected Land
    21.   The following works must be undertaken within the covenant area in accordance with
          the Revegetation Concept Plan, prepared by 28 South Environment and dated 2
          November 2021 prior to the submission of the sealing of the survey plan:
          a.    Control of pest plants as listed in Planning Scheme Policy 2 Landscaping and
                Council’s Biosecurity Plan 2020 pest plants listed in Schedule 1 part 3, Schedule
                2 and Non-scheduled invasive species; and
          b.    Removal of any structures, debris or materials foreign to a natural environment.
          c.    Rehabilitation and restoration, to achieve the equivalent floristic composition of a
                similar undisturbed regional ecosystem.
          d.    The planting of canopy species with local provenance in Regional Ecosystem
                12.3.14a, including threatened Eucalyptus conglomerata. The trees must be
                planted at a ratio of 1 tree per every 10m2.
          Fencing to Protected Land
    22.   A permanent fence must be constructed along the entire length of the eastern alignment
          of the covenant area to restrict access by stock in to the covenant area.
    23.   The fence must include A5 sized signage with the wording “Vegetation Protection Area
          – No domestic animals” every 15m, durable, weather resistant and be visually
          complementary to the natural environment.


9   FREE WEEKEND BUS TRIAL
    That Council note the report by the Special Projects Coordinator to the General Committee
    Meeting dated 15 November 2021, and
    A.    Subject to TransLink agreement, approve the use of Free Weekend Bus travel on
          TransLink services 626,627,628,629 and 632 between 24 January 2022 and 30 June
          2023;
    B.    Delegate CEO to negotiate with TransLink on the trial specifics and include the inequity
          of current delivery of free buses to the remainder of the shire – 630, 631 and 620;
    C.    Note that an evaluation report will be presented to Council prior to conclusion of the 18-
          month trial period for consideration of continuing the trial;
    D.    Fund the cost of the free weekend bus trial for the period January 2021 to June 2022
          from the Sustainable Transport Levy reserves and include the funding at Budget Review
          2 (BR2); and

                                                                                   Page 26 of 31

Section 27

ORDINARY MEETING MINUTES                                                    18 NOVEMBER 2021


     E.   Undertake a review of the Transport Levy pricing structure to accommodate the service
          as part of the 2022/2023 budget development process; and
     F.   That the CEO be requested to review options for funding ‘free’ bus services that more
          equitably shares the cost across user groups and between visitors and residents with a
          view of identifying cost neutral models for expansion of free weekend and holiday bus
          services across all services within the shire including options for demand-oriented
          solutions for hinterland areas outside the current public transport network. That council
          engage the community on a place-by-place basis as part of the identification and
          prioritisation of these options. Further that the results of these investigations be
          considered as part of the 2022 – 2023 budget deliberations.


10   FINANCIAL PERFORMANCE REPORT – OCTOBER 2021
     That Council note the report by the Acting Manager Financial Services to the General
     Committee Meeting dated 15 November 2021 outlining October 2021 year to date financial
     performance against budget, including changes to the financial performance report with the
     inclusion of key financial sustainability indicators.



11   NOOSA SHIRE COUNCIL 2020-21 ANNUAL REPORT
     That Council note the report by the Governance Advisor to the General Committee Meeting
     dated 15 November 2021 and:
     A.   Adopt the Noosa Council 2020-21 Annual Report incorporating the 2020/21 Audited
          Financial Statements.
     B.   Authorise the Chief Executive Officer (CEO) to make any required minor amendments
          to the document prior to publication.




                                                                                  Page 27 of 31

Section 28

ORDINARY MEETING MINUTES                                                       18 NOVEMBER 2021


9   ORDINARY MEETING REPORTS

1   FURTHER REPORT – 51997.2283.03 – MINOR CHANGE TO AN EXISTING APPROVAL
    FOR MULTIPLE DWELLINGS AT 6/80 – 86 HILTON TCE NOOSAVILLE
    Motion
    Moved:            Cr Stockwell
    Seconded:         Cr Stewart
    That Council note the report by the Development Planner to the Planning & Environment
    Committee meeting dated 9 November 2021 and the Further Report to the Ordinary Meeting
    dated 19 November 2021 regarding application 51997.2283.03 to make a minor change to an
    existing approval for multiple dwellings at 6/80 – 86 Hilton Terrace Noosaville and:
    A.   Approve the change with the following additional condition:
         Additional condition 18 November 2021 (Change to Unit 6)
         30.    Development undertaken in accordance with this approval must generally comply
                with the approved plans of development. The approved plans are listed below and
                are as amended by the conditions herein.
           Plan No.      Rev. Plan/Document Name                                         Date
             A102        A14 Site Plan prepared by Collins Building Designs              08.10.2020
             A103        A14    Existing and Demolition Floor Plan prepared by Collins   08.10.2020
                                Building Designs
             A104        A14    Proposed Floor Plan prepared by Collins Building         08.10.2020
                                Designs
             A801        A14    Existing and Proposed Exterior Elevations 1 – 4          08.10.2020
                                prepared by Collins Building Designs
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

    Amendment
    Moved:            Cr Jurisevic
    Seconded:         Cr Lorentson
    That Item C be added to read:
    C.    That the reason for Council approving against the staff recommendation is that the
          modifications are minor in nature and that the development generally meets the intent of
          the planning scheme.
    For:         Crs Stockwell, Cr Jurisevic, Cr Lorentson and Stewart
    Against: Crs Finzel and Wegener
                                                                                        Carried.
    Council Resolution
    Moved:            Cr Stockwell
    Seconded:         Cr Stewart
    That Council note the report by the Development Planner to the Planning & Environment
    Committee meeting dated 9 November 2021 and the Further Report to the Ordinary Meeting
    dated 19 November 2021 regarding application 51997.2283.03 to make a minor change to an
    existing approval for multiple dwellings at 6/80 – 86 Hilton Terrace Noosaville and:
    A.   Approve the change with the following additional condition:
         Additional condition 18 November 2021 (Change to Unit 6)
         30.    Development undertaken in accordance with this approval must generally comply

                                                                                     Page 28 of 31

Section 29

ORDINARY MEETING MINUTES                                                         18 NOVEMBER 2021


                 with the approved plans of development. The approved plans are listed below and
                 are as amended by the conditions herein.
             Plan No.      Rev. Plan/Document Name                                         Date
              A102         A14 Site Plan prepared by Collins Building Designs              08.10.2020
              A103         A14    Existing and Demolition Floor Plan prepared by Collins   08.10.2020
                                  Building Designs
              A104         A14    Proposed Floor Plan prepared by Collins Building         08.10.2020
                                  Designs
              A801         A14    Existing and Proposed Exterior Elevations 1 – 4          08.10.2020
                                  prepared by Collins Building Designs
     B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
     C.     That the reason for Council approving against the staff recommendation is that the
            modifications are minor in nature and that the development generally meets the intent of
            the planning scheme.
     For:        Crs Stockwell, Jurisevic, Stewart and Lorentson
     Against:    Crs Finzel and Wegener
                                                                                              Carried.


10   CLOSED SESSION

     Nil.



11   PUBLIC QUESTION TIME

     1.     BRIAN O’CONNOR – HERITAGE LEVY
     Question 1:
     Can the council confirm whether the wages, superannuation and staff costs of the Noosa
     Council Heritage Coordinator position are paid from the annual ratepayer Heritage Levy and
     not from general rates, as is the case with the vast bulk of council employees and, if so, whether
     there are other instances of staff wages being met from other levies, such as the Environmental
     Levy and the Sustainable Transport Levy?
     Response by Trent Grauf, Acting Director, Corporate Services:
     Yes, a portion of the Heritage Coordinator’s salary directly related to delivery of heritage
     projects and activities is funded through the Heritage Levy. This is only part of the full time
     position’s salary, and estimated at a 26% share for the 2021/22 budget.
     This approach aligns consistently to all other Council levies and separate charges, where the
     share of officer hours directly related to the delivery of levy activities are funded through the
     levies.
     Question 2
     Would Noosa Council consider paying the staff costs of the Heritage Coordinator position from
     general revenue, thereby allowing that person's wages, employer superannuation
     contributions etc to be re-directed to heritage preservation tasks, including (but not exclusively)
     those performed by the Noosa Shire Museum, which is not guaranteed regular annual
     hypothecated funding from the Heritage Levy for the work it does?



                                                                                       Page 29 of 31

Section 30

ORDINARY MEETING MINUTES                                                      18 NOVEMBER 2021


     Response by Trent Grauf, Acting Director, Corporate Services:
     Changing approach for the Heritage Levy would be inconsistent to Council’s approach for all
     other levies. Any change in funding approach from Levy to general revenue in turn requires
     an increase to the General Rate and still impacts the total rates and charges paid by
     ratepayers. The Heritage Levy Policy & Guideline does not currently contain provision to
     support the payment of ongoing annual operating contributions to community organisations.
     As part of the annual budget process (commencing shortly for 2022/23), Council reviews the
     activities and priorities for funding within all levies. This will include the Heritage Levy.
     Council’s community grant program provides for equitable competitive funding to community
     organisations through its Community Grants Programs. The museum receives a three year
     Community Alliance Grant and has also been previously successful with Project Grants.

     2.   BREE JOHNSON / SUNSHINE BUTTERFLIES – PATHWAY AT COOROIBAH
     Question 1:
     Cr Lorenston has provided a response to our initial questions and we are respectful of Council’s
     position. However we believe that letters of support as well as the 640 signatures via
     change.org (215 of those signatures are in the Noosa Shire Council Area) and multiple
     signatures collected by Bree Johnson from Noosa residents, shows a strong case for need to
     have the bike/walking path extended from Lake Cooroibah to Silverwood Drive. Our question
     is, what more do we need to provide to further substantiate our case?
     Response by Larry Sengstock, Director, Infrastructure Services:
     Firstly we note the petition that has been presented tonight for consideration by Council. The
     proposed shared path from Lake Cooroibah to Silverwood Drive was identified within the
     Noosa Cycling and Walking Strategy and Implementation Plan under Project ID 193B. The
     project was assessed against a criteria aimed at “getting more people riding a bike or walking”
     and “achieving value for money”. The criteria and scoring system was developed in
     consultation with the Project Reference Group (PRG) and later reviewed by the broader
     community through Council’s Yoursay Community Feedback. The proposed shared path from
     Lake Cooroibah to Silverwood Drive scored well however was in the slightly lower range when
     compared to other projects and as the length of pathway required for this project is 1,673m
     long it would come at a significant cost. Council would need to reallocate resources and funding
     from other projects which have scored higher in the prioritisation process, or increase Capital
     spend from general rates. As more funds or grants become available in the future, Council will
     be able to reassess priorities to be able to deliver this project to the benefit of community.



12   NEXT MEETING

     The next Ordinary Meeting will be held on 16 December 2021 at the Council Chambers,
     9 Pelican Street, Tewantin commencing at 5pm.




13   MEETING CLOSURE

     The meeting closed at 6.00pm.




                                                                                    Page 30 of 31

Section 31

ORDINARY MEETING MINUTES   18 NOVEMBER 2021


Attachment 1




                               Page 31 of 31

ORDINARY MEETING MINUTES                                                                18 NOVEMBER 2021

Attachment 1

      Petition Summary ane Background:        For the accessible bike/walking path to be extended from Lake |
                                              Coorvibah to Silverwood Drive Cooroibah
      Action petition for:                    To presented to the whole of Noosa Council and discussed in |
                                              regard to the current 2020-2040 Noosa cycling and Walking
     a er           sie                      | Strategy and implementation Plan
      Principal petitioners:                               , Member of Sunshine Butterflies
                                                           mmunity Development Sunshine Butterflies
                                             | Please call SF or further information
              NAME                 SIGNATURE            SUBURB              COMMENT              DATE

                              |       Zz          |                   i                     i             |

                                                                                              Page 31 of 31

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