Meeting minutes

GENERAL COMMITTEE MEETING MINUTES                                              12 AUGUST 2024


5.          ITEMS REFERRED FROM COMMITTEES


     5.1.     MCU22/0201 APPLICATION FOR MATERIAL CHANGE OF USE FOR CAR
              WASH AND FOOD & DRINK OUTLET AT 34 ELM STREET, COOROY

              In accordance with Chapter 5B of the Local Government Act 2009, Cr Nicola
              Wilson provided the following declaration to the meeting of a declarable conflict
              of interest in this matter:
              I, Cr Nicola Wilson, inform the meeting that I have a declarable conflict of interest
              in this matter as my partner, Roy Vanderberg, made a submission to this
              application when it was notified for 15 business days in 2023 in accordance with
              the Planning Act 2016 and received 520 properly made submissions. Although I
              have a declarable conflict of interest, I do not believe a reasonable person could
              have a perception of bias because this is one submission of 500 and neither Roy
              nor myself have a financial interest in the outcome. 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 Frank Wilkie
              Seconded:         Cr Jessica Phillips
              That Council note the declarable conflict of interest by Cr Wilson and determine
              that Cr Wilson participates and votes on this matter because Council believes
              that a reasonable person would trust that the final decision is made in the public
              interest.
              Carried unanimously.
              Cr Wilson did not vote on the above motion.


              Motion
              Moved:                 Cr Amelia Lorentson
              Seconded:              Nil
              That Council note the report by the Co-ordinator Planning to the Planning &
              Environment Committee Meeting dated 6 August 2024 regarding MCU22/0201
              for a development permit for material change of use for a Car wash and Food
              and drink outlet at 34 Elm Street, Cooroy, and:
                  A. Approve the application.
                  B. Delegate to the Chief Executive Officer to issue a Development Permit for
                      material change of use for a Car wash and Food and drink outlet at 34 Elm
                      Street, Cooroy, and impose reasonable and relevant conditions on the
                      approval.
                  C. Note the report is provided in accordance with Section 63(5) of the
                      Planning Act 2016.
                  D. Find the following matters relevant to the assessment and sufficient reason
                      to approve the application:
                       1.    There is a strong level of economic, community and planning need
                       for the development in this location.
                       2.    There is no car wash currently provided within Cooroy and the
                       Noosa Hinterland and no other suitable land immediately available for
                       that purpose.