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2019-09-30 Special Meeting Minutes
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MINUTES
Special Meeting
Monday 30 September 2019
1.00pm
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 30 SEPTEMBER 2019
PURPOSE OF MEETING
The purpose of the Special Meeting was to consider:
1. Planning and Environment Court Appeal No. 3387 of 2019 to Change Development Approval
Conditions at 215 David Low Way Peregian Beach MCU16/0153.
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor F Wilkie, Deputy Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor F Pardon
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
APOLOGIES
Nil.
The meeting commenced at 1.00pm.
Page 2 of 4
Section 3
SPECIAL MEETING MINUTES 30 SEPTEMBER 2019
2 REPORTS
1 PLANNING AND ENVIRONMENT COURT APPEAL NO. 3387 OF 2019 TO CHANGE
DEVELOPMENT APPROVAL CONDITIONS AT 215 DAVID LOW WAY PEREGIAN
BEACH MCU16/0153
Cr Wilkie declared a perceived conflict of interest in this matter (as defined in section 175D of
the Local Government Act 2009) due to the current President of Peregian Beach Community
Association, Barry Cotterell providing a $200 donation to his 2016 election campaign on
12/02/2016. Cr Wilkie advised that The Peregian Beach Community Association did not provide
a donation to his electoral campaign. He is aware that the Peregian Beach Community
Association is a co-respondent in this court case. Cr Wilkie advised that he is neither a
committee member nor a general member of the Peregian Beach Community Association. Cr
Wilkie believed that he could consider this item impartially and in the public interest.
Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 175D
of the Local Government Act 2009) due to Mr Barry Cotterell providing a $200 donation to his
2016 election campaign on 17/03/2016. He is aware that Mr Cotterell is the President of the
Peregian Beach Community Association (PBCA). The PBCA was a co-respondent with Council
in the appeal case which resulted in the agreed conditions of development that are being
considered today. As the report to Council notes, there is no formal role for the co-respondent
in the decision to be made by Council today, as there is no requirement under the Planning Act
for them to be notified of the proposed change to the court-issued development approval.
However, staff have chosen to inform the co-respondent, and have attached the PBCA’s
response to the report to Council. Cr Wellington is aware that Mr Cotterell also made the position
of the PBCA known to Councillors via email. Cr Wellington confirmed that he is not and has
never been a member of Peregian Beach Community Association. Cr Wellington believed that
he could consider this item impartially and in the public interest.
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
Wellington and Cr Wilkie may participate in the meeting for the debate and vote on this matter
or whether they must leave the meeting for the debate and vote on this matter.
Council Resolution
Moved: Cr Jackson
Seconded: Cr Pardon
That Cr Glasgow be appointed as Acting Chairperson of the meeting for the purpose of
considering the conflict of interest declarations by Crs Wellington and Wilkie.
Carried unanimously.
Crs Wellington and Wilkie did not vote on the above motion.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Councillors note the perceived conflict of interest declaration of Cr Wilkie and resolve that
this represents a perceived conflict of interest in this matter and Cr Wilkie may remain in the
meeting room to participate in the debate and vote on this matter.
Carried unanimously
Crs Wellington and Wilkie did not vote on the above motion.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Pardon
That Councillors note the perceived conflict of interest declaration of Cr Wellington and resolve
that this represents a perceived conflict of interest in this matter and Cr Wellington may remain
in the meeting room to participate in the debate and vote on this matter.
Carried unanimously.
Crs Wellington and Wilkie did not vote on the above motion.
Page 3 of 4
Section 4
SPECIAL MEETING MINUTES 30 SEPTEMBER 2019
Docum ent info rm ation
Cr Wellington resumed the Chair.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Glasgow
That Council note the report by the Coordinator Planning to the Special Meeting dated
30 September 2019 regarding an Originating Application to the Planning and
Environment Court (Appeal No 3387 of 2019) to Change Conditions of the
Development Approval MCU16/0153 at 215 David Low Way, Peregian Beach and
advise the Planning and Environment Court that Council does not support the proposed
changes to Condition 6 as:
1. The proposed change does not constitute a minor change under the Planning
Act 2016 as the changes would result in a substantially different development,
as it would:
(i) change the ability of the proposed development to operate as intended;
(ii) delay and/or potentially remove a component that is integral to the
development and outcomes sought for the site by The Noosa Plan.
2. The proposal is not consistent with the Desired Environmental Outcomes of the
Noosa Plan as the changes do not provide certainty that a range of visitor
accommodation types will be provided.
3. The proposal is not consistent with the Eastern Beaches Locality Code as it does
not optimise the site’s utilisation for short term visitor accommodation and/or
ensure the low cost visitor accommodation needs are met for the area. There is
relatively little commercial short term accommodation in Peregian Beach and the
motel provides a reasonable alternative to the low cost accommodation intended
for the site.
4. The proposal is not consistent with the draft Noosa Plan as the proposed staging
removes the motel component from the first stage and provides no certainty that
a diversity of visitor accommodation types and affordability will be provided on
the site and in Peregian Beach.
For: Crs Wilkie, Jurisevic, Wellington, Stockwell and Pardon
Against: Crs Jackson and Glasgow
Carried.
Cr Wellington voted in favour of the motion.
Cr Wilkie voted in favour of the motion.
3 MEETING CLOSURE
The meeting closed at 2.15pm.
Page 4 of 4