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2023-01-16 General Committee Meeting Minutes
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MINUTES
General Committee
Meeting
Monday, 16 January 2023
12.30pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener
“Noosa Shire – different by nature”
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Section 2
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
S Waters Chief Executive Officer (via Microsoft Teams)
L Sengstock, Director Infrastructure Services
L Jensen, Acting Director Environment & Sustainable Development
K Rawlings, Director Environment & Sustainable Development (via Microsoft Teams)
T Grauf, Acting Director Corporate Services
APOLOGIES
Nil
The meeting commenced at 12.31pm.
2 CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
The Minutes of the General Committee Meeting held on 12 December 2022 be received and
confirmed.
Carried unanimously.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
1. NICK COOKE
Topic: Development Application MCU22/0031 / OPW22/0062 11C Church St
Pomona (Lot 4 SP 301620)
5 ITEMS REFERRED FROM COMMITTEES
N/A.
Page 2 of 11
Section 3
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
6 REPORTS DIRECT TO GENERAL COMMITTEE
1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT –
NOVEMBER 2022
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 regards to Item 13 of
the Delegated Authority report due to my close personal relationship with the applicants, Jane and
Cameron Blake. As a result of my conflict of interest, I will 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 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 regards to Item 11 of
the Delegated Authority report due to my personal relationship with the applicant Mark Bain and the
Bain Family who are family friends. We have attended social events together, and our children have
attended school together. As a result of my conflict of interest, I will leave the meeting room while the
matter is considered and voted on.
Cr Lorentson left the meeting.
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Acting Manager, Development Assessment to the
General Committee Meeting dated 16 January 2023 regarding planning applications that
have been decided by delegated authority.
Carried unanimously.
Crs Stewart and Lorentson returned to the meeting.
2. MCU21/0212 – REPRESENTATIONS TO DECISION NOTICE FOR DWELLING HOUSE
AT 66 SEAVIEW TC, SUNSHINE BEACH
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 Deborah
Reid a submitter to the application, is a personal friend. Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias because I believe I do
not have a close personal relationship with Ms Reid. 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 Stockwell
Seconded: Cr Stewart
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the
public interest that Cr Lorentson participates and votes on this matter because Council believes that
Cr Lorentson does not have a close personal relationship with the submitter, Ms Reid and therefore a
reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Page 3 of 11
Section 4
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
The following material was presented to the meeting in relation to this item:
By the Acting Manager Development Assessment – refer to Attachment 1
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Lorentson
That Council note the report by the Acting Manager Development Assessment to the General
Committee Meeting dated 16 January 2023 regarding representations made in relation to
Application No. MCU21/0212 for a Development Permit for Material Change of Use -
Dwelling house situated at 66 Seaview Terrace Sunshine Beach and:
A. Refuse to delete condition 4 for the following reasons:
1. The proposed rooftop terrace is contrary to Performance Outcome PO7 of the
Coastal Communities Local Plan Code as the form is not consistent with and
reflective of the beachside character of the area.
2.1. The proposed rooftop terrace is contrary to Purpose and Overall Outcomes
6.3.1.2 (2)(c) and Performance Outcomes PO7, PO9 and PO16 of the Low
Density Residential Zone Code as it:
a. Does not make a positive contribution to the streetscape or maintain low
scale character of the eastern side of Seaview Terrace; and
b. Is not consistent with the predominant character of the streetscape;
c. Results in a three-storey building which will visually dominate the street and
the surrounding area; and
d. Will obstruct the views of dwellings within proximity of the site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
3. SSL22/1856 - PLANNING & ENVIRONMENT COURT APPEAL NO D174 OF 2022 –
APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 52 DUNCANS LANE,
NOOSA NORTH SHORE
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Lorentson
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 16 January 2023 regarding Planning & Environment Court Appeal
D174 of 2022 and agree to defend the appeal.
Carried unanimously.
Page 4 of 11
Section 5
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
4. MCU22/0067 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD,
TINBEERWAH
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Graduate Development Planner to the General
Committee Meeting dated 16 January 2023 regarding representations to Development
Approval (MCU22/0067) for a Material Change of Use – Short-term accommodation situated
at 401 Sunrise Road Tinbeerwah and:
A. Amend conditions 5, 12 and 15 to read as follows:
5. The total number of guests accommodated at any one time must not exceed ten
(10).
12. The driveway, including the crossover from Sunrise Road, must be sealed for a
length of 34 metres to meet the existing sealed portion of the driveway, to the
satisfaction of the Manager Development Assessment.
15. The development must be provided with an approved reticulated potable water
supply. The storage capacity of the potable water supply must be a minimum of
50,000 litres (e.g., 1 x 50,000 litre tank or 2 x 25,000 litre tanks).
There is to be an adequate quantity of water to be made readily available for the
number of guests for the duration of the booking.
B. Refuse the representations made for conditions 6 for the following reasons:
Condition 6
1. The use of outdoor areas at night by guests accommodated on the site has the
potential to adversely impact resident’s amenity, given the pool and outdoor
areas are located within reasonable proximity to nearby houses.
2. The restriction on use of outdoor areas only applies to use of the property for
short term accommodation and does not apply to the residential use of the
property by owners.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For: Crs Finzel, Stockwell Jurisevic and Wilkie
Against: Crs Wegener, Lorentson and Stewart
Carried.
5. SUNSHINE COAST & NOOSA REGIONAL CLIMATE ACTION ROADMAP
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Finzel
That Council note the report by the Project Coordinator – Climate Change Adaptation to the
General Committee Meeting dated 16 January 2023 and:
A. Note the Regional Climate Action Roadmap developed in partnership with Sunshine
Coast Council (Attachment 1); and
B. Note the continued advancement of climate risk management through the three priority
themes identified by Sunshine Coast Council and Noosa Council in the Roadmap,
namely: building climate-ready councils, empowering climate-ready communities and
advocating for a climate-ready region.
Carried unanimously.
Page 5 of 11
Section 6
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
6. FINANCIAL PERFORMANCE REPORT – DECEMBER 2022
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Manager Financial Services (Acting) to the General
Committee Meeting dated 16 January 2022 outlining December 2022 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
Carried unanimously.
7 CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Lorentson
Seconded: Cr Stewart
That the meeting be closed to the public pursuant to section 254J(3) (g) of the Local
Government Regulation 2012 for the purpose of discussing a commercial matters involving
the local government for which a public discussion would be likely to prejudice the interests
of the local government for:
Report 7: Environment Levy Proposed Land Purchase;
Report 8: Contract T000055 Noosa Parade Corridor Uprgade - Final Budget Approval;
and
Report 9: Office Administration Space – Commercial Lease Procurement Proposal
Carried unanimously.
Cr Wegener left the meeting.
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Stewart
Seconded: Cr Lorentson
That the meeting be re-opened to the public.
Carried unanimously.
7. ENVIRONMENT LEVY PROPOSED
LAND PURCHASE
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Council note the report by the Principal Environment Officer to the General Committee
Meeting dated 16 January 2023 and authorise the CEO to:
A. Commence negotiations with the owners or their agent regarding purchase of the
property as detailed in the Report;
Page 6 of 11
Section 7
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
B. Seek an independent valuation of the property reflecting current market price;
C. If purchased by Council, place a Nature Refuge over the vegetated areas of the
property.
D. Undertake rehabilitation actions on the land including removal and/or demolition of
unapproved structures;
E. Investigate resale of the property as a revolving fund following gazettal of the Nature
Refuge; and
F. Investigate the opportunity of providing a public recreational space on the cleared land.
Carried unanimously.
8. CONTRACT T000055 - NOOSA
PARADE CORRIDOR UPRGADE - FINAL BUDGET APPROVAL
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 I own
a property on Noosa Parade. As a result of my conflict of interest I will now leave the meeting room
while the matter is considered and voted on.
Cr Lorentson left the meeting.
Note: Cr Lorentson also left the meeting for this item during confidential session.
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Jurisevic
That Council note the report by the Infrastructure Planning, Delivery and Design Manager to
the General Committee Meeting dated 16 January 2023, and:
A. Approve additional expenditure to the value of $273,297.43 excluding GST, for
additional costs incurred by the Contractor to achieve project and community benefits;
and
B. Approve the total project budget of $9,360,478.97 (excl. GST).
Carried unanimously.
Cr Lorentson returned to the meeting.
9. OFFICE ADMINISTRATION SPACE –
COMMERCIAL LEASE PROCUREMENT PROPOSAL
Procedural Motion
Moved: Cr Wilkie
Seconded: Cr Finzel
That the matter lay on the table until the Ordinary Meeting dated 19 January 2023.
Carried unanimously.
The meeting closed at 4.29pm.
Page 7 of 11
Section 8
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
Attachment 1 – Report 2. MCU21/0212 – REPRESENTATIONS TO DECISION NOTICE FOR DWELLING HOUSE AT 66 SEAVIEW TC, SUNSHINE
BEACH
Examples provided by staff.
46 Seaview Terrace: 132005.2200
A small portion of the southwestern corner of the proposed garage and upper level balcony is located within the 6m front setback. It is considered that
the minor intrusion (maximum 0.7m) is acceptable given the topography of the site and the location of the existing carport.
Page 8 of 11
Section 9
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
Page 9 of 11
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
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Page 9 of 11Section 10
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
50 Seaview Terrace: MCU15/0096
Page 10 of 11
Section 11
GENERAL COMMITTEE MEETING MINUTES 16 JANUARY 2023
54 Seaview Terrace: DBW19/0018
6 metres to front wall intrusion by approximately 1.2 metres of a roof overhang and side wrap – 600mm roof intrusion was permitted under the
superseded planning scheme
Page 11 of 11