2019-10-17 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                                17 OCTOBER 2019


8    CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
8 OCTOBER 2019 - Crs Brian Stockwell (Chair), Jess Glasgow and Ingrid Jackson
Apology: Cr Tony Wellington
Other Councillors in attendance: Cr Frank Pardon (for Items 1 & 3)

2    MCU16/0079.04 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
     EXTENSIONS TO RSL CLUB AT 5 MEMORIAL DRIVE, TEWANTIN
     Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 175D of the Local
     Government Act 2009) due to his life membership of the RSL Sub-branch. Cr Pardon left the meeting
     room for the debate and decision on this matter.

     Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
     Local Government Act 2009) due to the Tewantin Noosa RSL Club being a sponsor of the Noosa Lions
     Football Club of which Cr Stockwell is the Vice President. Cr Stockwell believed that he could consider
     this item impartially and in the public interest and requested to remain in the meeting room to participate
     in the debate and vote on this matter.

     Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
     consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
     may participate in the meeting for the debate and vote on this matter or whether he must leave the
     meeting for the debate and vote on this matter.

     Council Resolution
     Moved:              Cr Jurisevic
     Seconded:           Cr Wilkie
     That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
     represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
     room to participate in the debate and vote on this matter.
                                                                                      Carried unanimously.
     Cr Stockwell did not vote on the above motion.

     Council Resolution
     Moved:              Cr Stockwell
     Seconded:           Cr Wilkie
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 8 October 2019 regarding Application No. MCU16/0079.04 for a
     minor change to Development Permit for Material Change of Use for extensions to RSL Club
     situated at 5 Memorial Avenue, Tewantin, described as Lot 10 on SP 273411 and refuse the
     change for the following reasons:
     1.    The proposed works do not represent a minor change to the development approval
           because the change results in a substantially different development as the increase of
           gaming machines increases the severity of a known impact with regards to social harm.
     2.    The proposed increase in gaming machines changes the form of the development so
           that the gambling component of the use is in excess of that which a reasonable person
           would have expected when the application was originally advertised.
     3.    The proposal results in incremental growth in gaming machines which is not supported
           due to concerns regarding community well-being.

     For:         Crs. Stockwell, Wellington and Wilkie
     Against:     Crs. Jurisevic and Jackson
                                                                                                      Carried.

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