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2023-01-19 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 19 January 2023
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 19 JANUARY 2023
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. MAYORAL MINUTES 3
1 BOAT RAMP UPGRADE 3
4. PETITIONS 4
5. NOTIFIED MOTIONS 4
6. PRESENTATIONS 4
7. DEPUTATIONS 4
8. CONSIDERATION OF COMMITTEE REPORTS 5
1 GENERAL COMMITTEE MEETING REPORT DATED 16 JANUARY 2023 5
9. ORDINARY MEETING REPORTS 9
10. CLOSED SESSION 9
11. PUBLIC QUESTION TIME 9
1. MAXINE & SPENCER HITCHEN 9
2. PETER WILKINSON 9
12. NEXT MEETING 9
13. MEETING CLOSURE 9
Page 2 of 9
Section 3
ORDINARY MEETING AGENDA 19 JANUARY 2023
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Special Meeting held on 4 November 2022 be received and confirmed.
The Minutes of the Special Meeting held on 30 November 2022 be received and confirmed.
The Minutes of the Ordinary Meeting held on 15 December 2022 be received and confirmed.
3. MAYORAL MINUTES
MAYORAL MINUTE
DATE: 17 January 2023
SUBMITTED BY: Mayor Clare Stewart
COUNCIL MEETING: Ordinary Meeting, 19 January 2023
I hereby give notice of my intention to move the following motion at the Ordinary Meeting on
Thursday, 19 January 2023:
1 BOAT RAMP UPGRADE
That Noosa Shire Council, through the Mayor Cr Clare Stewart, write to the Minister Hon Mark
Bailey and Noosa State Member of Parliament, Sandy Bolton to advocate for due diligence to
be undertaken in assessing the most suitable boat ramp upgrade within the Noosa Shire
Council Local Government Area due to ageing infrastructure and in consultation with the
Noosa community.
BACKGROUND
Boating and Fishing advocacy groups have contacted Council seeking upgrades to boat ramp
infrastructure. The infrastructure is delivered and maintained by the State Government and while
Noosa Council does not have an appetite for new facilities, due diligence should be undertaken to
assess the most suitable upgrade sites within the existing infrastructure footprint.
Page 3 of 9
Section 4
ORDINARY MEETING AGENDA 19 JANUARY 2023
4. PETITIONS
5. NOTIFIED MOTIONS
Nil
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
Page 4 of 9
Section 5
ORDINARY MEETING AGENDA 19 JANUARY 2023
8. CONSIDERATION OF COMMITTEE REPORTS
1 GENERAL COMMITTEE MEETING REPORT DATED 16 JANUARY 2023
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
COMMITTEE RECOMMENDATIONS TO COUNCIL
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.
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.
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.
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:
Page 5 of 9
Section 6
ORDINARY MEETING AGENDA 19 JANUARY 2023
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.
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.
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
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.
4. MCU22/0067 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD,
TINBEERWAH
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.
Page 6 of 9
Section 7
ORDINARY MEETING AGENDA 19 JANUARY 2023
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.
5. SUNSHINE COAST & NOOSA REGIONAL CLIMATE ACTION ROADMAP
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.
6. FINANCIAL PERFORMANCE REPORT – DECEMBER 2022
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.
7. ENVIRONMENT LEVY PROPOSED
LAND PURCHASE
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;
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.
Page 7 of 9
Section 8
ORDINARY MEETING AGENDA 19 JANUARY 2023
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.
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).
9. OFFICE ADMINISTRATION SPACE –
COMMERCIAL LEASE PROCUREMENT PROPOSAL
That the matter lay on the table until the Ordinary Meeting dated 19 January 2023.
Committee Recommendation
That the report of the General Committee dated 16 January 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 8 of 9
Section 9
ORDINARY MEETING AGENDA 19 JANUARY 2023
9. ORDINARY MEETING REPORTS
Nil
10. CLOSED SESSION
Nil.
11. PUBLIC QUESTION TIME
1. MAXINE & SPENCER HITCHEN
Question 1:
I would like to ask Noosa Council on behalf of my generation, our Community & almost
now 75,000 people who have signed my petition, would Noosa Council still be prepared
"to enter into discussions with the Uniting Church in Australia Property Trust (Q) about a
land swap & if so can you please contact them on our behalf asking for a meeting to
allow our voices to be heard.
Question 2
We would like the Uniting Church in Australia Property trust (Q) to provide evidence of
how they can meet these conditions & keep our Community safe in a catastrophic Fire
like the Fires in 2019 & 2020?
2. PETER WILKINSON
Question 1:
The new low energy LED towers installed as part of the Noosa Parade corridor upgrade
look identical to the base model of towers installed by ENE.HUB at various locations
across Queensland. Has Noosa Council partnered with ENE.HUB/Brookfield
Infrastructure, to install 'smart streetlights', aka ‘smart poles' or 'SmartNodes', throughout
the Noosa Parade corridor upgrade stage 1?
Question 2
Will ENE.HUB/Brookfield Infrastructure be contracted to install smart poles in stages 2
& 3 of the Noosa Parade corridor upgrades?
12. NEXT MEETING
The next Ordinary Meeting will be held on 16 February 2023 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 5pm.
13. MEETING CLOSURE
Page 9 of 9