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2019-09-12 Special Meeting Minutes
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MINUTES
Special Meeting
Thursday 12 September 2019
10.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
SPECIAL MEETING MINUTES 12 SEPTEMBER 2019
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor F Pardon
Councillor B Stockwell
Councillor F Wilkie
EXECUTIVE
C Billingham, Acting CEO
K Rawlings, Director Environment and Sustainable Development
APOLOGIES
Nil
The meeting commenced at 10.30am.
Page 2 of 6
Section 3
SPECIAL MEETING MINUTES 12 SEPTEMBER 2019
2. REPORTS
1 PROPOSED CHANGES CONSIDERED SIGNIFICANT TO NEW NOOSA PLAN FOR
FURTHER CONSULTATION
Council Resolution
Moved: Cr Wellington
Seconded: Cr Glasgow
That the operation of the Standing Orders or any relevant provision thereof be suspended to allow
Council to discuss Item 3.
Carried unanimously.
CLOSURE OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Jackson
Seconded: Cr Pardon
That the meeting be closed to the public pursuant to section 275(1)(g) of the Local Government
Regulation 2012 for the purpose of discussing Item 3.
Carried unanimously.
Procedural Motion
Moved: Cr Wellington
Seconded: Cr Wilkie
That whilst in closed session Council also consider the confidential matters in the Further Report
to Item 1.
Carried unanimously.
RE-OPENING OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jackson
That the meeting be re-opened to the public.
Carried unanimously.
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jackson
That Standing Orders be resumed.
Carried unanimously.
Procedural Motion
Moved: Cr Wellington
Seconded: Cr Pardon
That Item 1 lay on the table in order to deal with Item 3.
Carried unanimously.
Page 3 of 6
Section 4
SPECIAL MEETING MINUTES 12 SEPTEMBER 2019
3. LEGAL REVIEW AND ADVICE ON
COASTAL PROTECTION OVERLAY
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That Council note the report by the Principal Strategic Planner to the Special Meeting
dated 12 September 2019 regarding the legal review and advice on the draft New
Noosa Plan provisions for managing coastal hazards and coastal protection overlay,
and:
A. Note the confidential legal review and advice provided to Council, provided at
Attachment 1 to the report; and
B. Complete the Coastal Hazards Adaptation Plan at which time Council can make
further amendments to the Noosa Plan if required.
Carried unanimously.
Procedural Motion
Moved: Cr Wellington
Seconded Cr Jackson
That Item 1 be taken from the table.
Carried unanimously.
1 PROPOSED CHANGES CONSIDERED SIGNIFICANT TO NEW NOOSA PLAN FOR
FURTHER CONSULTATION
Motion
Moved: Cr Pardon
Seconded: Cr Glasgow
That Council note the report by the Director Environment & Sustainable Development
to the Special Meeting dated 12 September 2019 and the further report to the Special
Meeting dated 12 September 2019 and:
A. Endorse the proposed changes to the draft New Noosa Plan considered
significant, outlined in Confidential Attachments 1 and 2, and Attachments 3 and
4, and undertake further public notification of these changes for a period of 40
days in accordance with the Section 18(3) Notice from the Chief Executive
Department of State Development Infrastructure Manufacturing and Planning,
regarding making a planning scheme under the Planning Act 2016;
B. Endorse the proposed changes to the draft New Noosa Plan considered
significant, outlined in Confidential Attachment 1 to the further report and
undertake further public notification of these changes for a period of 40 days in
accordance with the Section 18(3) Notice from the Chief Executive Department
of State Development Infrastructure Manufacturing and Planning, regarding
making a planning scheme under the Planning Act 2016;
C. Authorise the CEO to remove the confidentiality associated with Confidential
Attachments 1 and 2 to the original report and Confidential Attachment 1 to the
further report at 8.30am 16 September 2019, at which time public notification of
the significant changes to the draft New Noosa Plan begins;
D. Authorise the CEO to make minor changes to the draft New Noosa Plan prior to
public notification;
E. Note Attachment 5 outlining the proposed process and activities for public
notification of the significant changes to the draft New Noosa Plan.
Page 4 of 6
Section 5
SPECIAL MEETING MINUTES 12 SEPTEMBER 2019
Amendment 1
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Item A be changed to read:
A. Endorse the proposed changes to the draft New Noosa Plan considered
significant, outlined in Confidential Attachments 1 and 2 and Attachment 4, but
with a change to Attachment 3 which makes impact assessable short term
accommodation inconsistent in the low density residential zone, and undertake
further public notification of these changes for a period of 40 days in accordance
with the Section 18(3) Notice from the Chief Executive Department of State
Development Infrastructure Manufacturing and Planning, regarding making a
planning scheme under the Planning Act 2016;
Meeting adjourned at 12.25pm
The meeting resumed at 2.40pm
For: Crs Glasgow, Stockwell, Wellington and Wilkie
Against: Crs Jackson, Jurisevic and Pardon
Carried.
Council Resolution
Moved: Cr Pardon
Seconded: Cr Glasgow
That Council note the report by the Director Environment & Sustainable Development
to the Special Meeting dated 12 September 2019 and the further report to the Special
Meeting dated 12 September 2019 and:
A. Endorse the proposed changes to the draft New Noosa Plan considered
significant, outlined in Confidential Attachments 1 and 2 and Attachment 4, but
with a change to Attachment 3 which makes impact assessable short term
accommodation inconsistent in the low density residential zone, and undertake
further public notification of these changes for a period of 40 days in accordance
with the Section 18(3) Notice from the Chief Executive Department of State
Development Infrastructure Manufacturing and Planning, regarding making a
planning scheme under the Planning Act 2016;
B. Endorse the proposed changes to the draft New Noosa Plan considered
significant, outlined in Confidential Attachment 1 to the further report and
undertake further public notification of these changes for a period of 40 days in
accordance with the Section 18(3) Notice from the Chief Executive Department
of State Development Infrastructure Manufacturing and Planning, regarding
making a planning scheme under the Planning Act 2016;
C. Authorise the CEO to remove the confidentiality associated with Confidential
Attachments 1 and 2 to the original report and Confidential Attachment 1 to the
further report at 8.30am 16 September 2019, at which time public notification of
the significant changes to the draft New Noosa Plan begins;
D. Authorise the CEO to make minor changes to the draft New Noosa Plan prior to
public notification;
E. Note Attachment 5 outlining the proposed process and activities for public
notification of the significant changes to the draft New Noosa Plan.
For: Crs Glasgow, Jurisevic, Pardon, Stockwell, Wellington and Wilkie
Against: Cr Jackson
Carried.
Page 5 of 6
Section 6
SPECIAL MEETING MINUTES 12 SEPTEMBER 2019
2 PROPOSED LOCAL LAW AMENDMENTS – SHORT STAY LETTING
Council Resolution
Moved: Cr Pardon
Seconded: Cr Jackson
That Council note the report by the Planner to the Special Meeting dated 12 September
2019 regarding Proposed Local Law Amendments – Short Stay Letting and:
A. Propose to make:
1. Administration (Amendment) Local Law (No. 2) 2019 as provided at
Attachment 1; and
2. Administration (Amendment) Subordinate Local Law (No. 2) 2019 as
provided at Attachment 2;
B. In accordance with Council’s Local Law Making Policy:
1. Consult with relevant government entities about the overall State interest
in Administration (Amendment) Local Law (No. 2) 2019 in accordance with
the Local Government Act 2009 (“the Act”), section 29A(3) and delegate
authority to the Chief Executive Officer to make changes in response to
State comments; and
2. Consult with the public about Council’s proposal to make Administration
(Amendment) Local Law (No. 2) 2019 and Administration (Amendment)
Subordinate Local Law (No. 2) 2019;
C. Pursuant to section 257 of the Act, delegate to the Chief Executive Officer its
powers under section 38 of the Act and section 15 of the Local Government
Regulation 2012 to decide—
1. How the public interest test of Administration (Amendment) Local Law
(No. 2) 2019 contained in Attachment 1 and Administration (Amendment)
Subordinate Local Law (No. 2) 2019 contained in Attachment 2 is to be
conducted; and
2. The matters with which the public interest test report in relation to the local
law and subordinate local law must deal; and
3. The consultation process for the public interest test and how the process is
to be used in the public interest test;
D. Waiver the proposed application fee for a short stay letting approval under the
proposed Local Law for a period of 6 months starting from the date of
commencement of the Local Law for short stay letting.
E. Authorise the CEO to make minor amendments to the documents prior to public
notification.
Carried unanimously.
3 MEETING CLOSURE
The meeting closed at 4.04pm.
Page 6 of 6