2019-09-30 Special Meeting Minutes

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.

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