2022-07-18 General Committee Meeting Minutes

GENERAL COMMITTEE MEETING MINUTES                                                                18 JULY 2022


5.   ITEMS REFERRED FROM COMMITTEES


1    MCU21/0228 & OPW21/0364 – CHANGE REPRESENTATIONS TO A DEVELOPMENT
     APPROVAL FOR MULTIPLE DWELLING AND OFFICE, AND ROADWORK, DRAINAGE
     WORK, LANDSCAPING, STORMWATER, EARTHWORKS - 245 DAVID LOW WAY
     PEREGIAN BEACH QLD 4573
     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 Properties Group. I have a 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 Properties Group. I have known Leigh McCready, who is associated with the
     applicant, in a volunteer capacity and who was involved with my 2020 election campaign with Future
     Noosa, which is no longer an entity. As a result of my conflict of interest I will now leave the meeting
     room while the matter is considered and voted on.
     Cr Finzel left the meeting.
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter in relation
     to the application by Altum Properties Group. On 24 February 2020 I sought a review by the
     Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team, 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. 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.
     Committee Resolution
     Moved:             Cr Jurisevic
     Seconded:          Cr Wegener
     That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the
     public interest that Cr Stockwell participates and votes on this matter because Council believes that a
     reasonable person could not have a perception of bias because the ICEO review was advisory service,
     not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither
     he nor Ms McCready stood to personally gain or lose from that advice and therefore a reasonable
     person would trust that the final decision is made in the public interest.
                                                                                    Carried unanimously.
     Cr Stockwell did not vote on the above motion.
     Committee Recommendation
     Moved:              Cr Jurisevic
     Seconded:           Cr Wegener
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 12 July 2022, regarding representations made in relation to
     Application No. MCU21/0228 & OPW21/0364 for a Development Permit for a Material
     Change of Use - Multiple dwelling, Office, and Operational Works (Roadwork, Drainage
     Work, Landscaping, Stormwater, Earthworks), situated at 245 David Low Way Peregian
     Beach, described as Lot 22 P9315, and:

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