2021-08-19 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                                   19 AUGUST 2021


           ENGINEERING
                  Stormwater Drainage
           13.    The site must be provided with a stormwater drainage system connecting to the
                  existing school drainage system and the lawful point of discharge.
           14.    Any damage caused to existing services and assets as a result of the development
                  works must be repaired at no cost to the asset owner at the following times:
                  a.     where the damage would cause a hazard to pedestrian or vehicle safety,
                         immediately; or
                  b.     where otherwise, upon completion of the works associated with the
                         development.
                  Any repair work which proposes to alter the alignment or level of existing services
                  and assets must first be referred to the relevant service authority for approval.
     B.    Enter into a Deed of Agreement with the applicant that provides for the carrying out of
           upgrade works to the drop off/pick up/ carpark configuration accessed from the
           Goodchap Street/Eumundi Noosa Road roundabout entry and an internal vehicular link.
     C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
     D.    Include the following advisory note:
           1.     Walking and cycling play an important role in Noosa for transport, recreation and
                  health reasons and the school is encouraged to establish and promote a walk and
                  ride program for staff and students as the preferred mode of transport where safe
                  connecting pathways exist. Council may consider the increase in active transport
                  and school bus usage when evaluating the need for carparking within the agreed
                  18 month period.
                                                                            Carried unanimously.


11   UPDATE ON COASTAL HAZARDS ADAPTATION PLAN (CHAP)
     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 my
     brother, Gabriel Cerasani, owns a property at Beaches Estate, Sunrise Beach which is one of the
     properties identified as `at risk' under the draft CHAP. My brother owns a beachfront property at Sunrise
     Beach. The Property is directly affected by the draft CHAP and directly covered by mapping looking at
     future erosion risk based on future models. My brother has also made a submission on the CHAP and
     is also a member of the executive committee of the Eastern Beaches Protection Association Inc. During
     my election campaign my brother helped me with my campaign, handed out voting cards and 2 of my
     election signs were outside his property on David Low Way. At Monday’s General Meeting, I declared
     my COI and asked to leave the room as I have in the past because although “ I believe I could consider
     the matter impartially and in the public interest, I believe that some members of the public may still have
     a perception of bias”. Because of the significance of the CHAP and its Shire-wide implications, and
     because I have received legal advice from Council’s lawyers to state that I have a declarable and not
     prescribed COI, I would like to exercise my right to due process under s150 ES(3) of the Local
     Government Act 2009,and ask that the Councillors present at this meeting room, be my judge and
     decide whether I must leave the room or if I can stay and participate in the meeting, including voting on
     the matter. The legal advice received a few days ago, states that my personal interest in matters
     concerning the CHAP in fact form the basis of a declarable conflict of interest and not a prescribed
     interest: “when matters being considered by Council is not an application, rather the draft CHAP, we
     consider that the personal interest is not caught by s150EI and is not capable of forming the basis of a
     prescribed COI in matters concerning the CHAP.” It is on record that on a number of occasions I have
     indicated to the CEO that I would strongly prefer to be engaged in the CHAP process on the basis that
     this issue is a significant one for the whole community and the whole shire deserves the representation
     of all its elected representatives. In fact the CHAP has political, legal and financial implications for the

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