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2019-01-14 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                               14 JANUARY 2019


GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
14 JANUARY 2019 - Crs. Frank Wilkie (Chair), Ingrid Jackson, Joe Jurisevic, Cr Jess
Glasgow, Frank Pardon, Brian Stockwell and Tony Wellington


Council Resolution
Moved:             Cr Wilkie
Seconded:          Cr Jackson
That the operation of the Standing Orders or any relevant provision thereof be suspended to allow
Councillors to each sign a declaration to abide by the new Councillor Code of Conduct, which came
into effect on 3 December 2018.
                                                                                          Carried.

Council Resolution
Moved:             Cr Wilkie
Seconded:          Cr Jackson
That Standing Orders be resumed.
                                                                                                     Carried.



1     PRE-RESPONSE REQUEST TO CHANGE CONDITIONS OF P&E COURT ORDER
      (318/2008) FOR DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A
      RESOURCE BASED SPRING WATER BOTTLING PLANT (COOROY MOUNTAIN
      SPRING WATER) AT 314 COOROY MOUNTAIN ROAD, COOROY MOUNTAIN
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to having prepared an economic assessment of the relocation of the parent
company’s (Wimmers) relocation to Lake MacDonald Drive location In his previous role as Manager/Director
in the State Development of Infrastructure and Planning wherein he provided justification for the
establishment of the industrial enterprise outside of the urban footprint on economic grounds. Cr Stockwell
believed that he could consider this item impartially and in the public interest and requested to remain in the
meeting room to participate in the debate and vote on this matter.
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 Stockwell may
participate in the meeting for the debate and vote on this matter or whether he must leave the meeting for
the debate and vote on this matter.
Committee Recommendation
Moved:               Cr Wellington
Seconded:            Cr Pardon
That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting room
to participate in the debate and vote on this matter.
                                                                                                   Carried.

Cr Stockwell did not vote on the above motion.



                                                                                                 Page 1 of 5
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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                      14 JANUARY 2019


Committee Recommendation
Moved:           Cr Wellington
Seconded:        Cr Pardon
That Council note the report by the Coordinator Planning to the General Committee Meeting dated
14 January 2019 regarding Application No. 132006.268.03 for a Pre-Response Request for a Minor
Change to Conditions of Approval situated at 314 Cooroy Mountain Road, Cooroy Mountain and:
A.   Advise the applicant that Council does not support the proposed change to increase truck
     numbers as:
     1.     The proposed changes do not constitute a minor change under the Planning Act 2016
            as the changes would result in a substantially different development.
     2.     The proposal would have a detrimental impact on Cooroy Mountain Road and the
            residential amenity of properties along the truck route.
     3.     The proposal is not consistent with the Cooroy and Lake Macdonald Locality Code as
            it would have adverse impacts on the amenity enjoyed by users of adjoining and nearby
            properties.
B.   Advise the applicant that Council would support a change to the development approval
     subject to additional conditions 5A5B, B1, B2 and B3 being included and condition 5C, 8 and
     9 amended as follows:
     5B.    Prior to the Council completing the staged upgrade works to Cooroy Mountain Road,
            weekly trucks shall be limited as follows:
            (a) 40 water carrying trucks (namely all semi-trailers, tankers and other trucks
                  carrying water but excluding B-Doubles) per week;
            (b) 20 ancillary trucks (namely non-articulated trucks and non-water carrying trucks).
     5C.    After the Council has completed the staged upgrade works to Cooroy Mountain Road,
            weekly trucks shall be limited as follows:
            (a) 50 water carrying trucks (namely all semi-trailers, tankers and other trucks
                   carrying water but excluding B-Doubles) per week;
            (b) 25 ancillary trucks (namely non-articulated trucks and non-water carrying trucks).
            Note: The road upgrade referred to is the upgrading of the remaining 2.2. kilometres of
            Cooroy Mountain Road to provide two (2) 3.5 metre wide traffic lanes with a 1.0 metre
            wide sealed shoulder to a total formation width of 9.0 metres.
     8.     The applicant must undertake improvement works to the existing site access to Cooroy
            Mountain Road to the reasonable satisfaction of Council. The intersection between
            Cooroy Mountain Road and the site access must be designed and constructed to
            provide safe turning areas for the vehicles likely to use the access and passing
            opportunities for other road users. The works must:
            a.   be generally in accordance with drawing number R01 - Revision C prepared by
                 Barlow Shelley Consulting Engineers dated 20 December 2018,
            b.   be designed and constructed in accordance with the most recent edition of the
                 Department of Main Roads Road Planning and Design Manual and The Noosa
                 Plan Planning Scheme Policy 5 Engineering Design Standards - Roads,
                 Drainage and Earthworks, and




                                                                                      Page 2 of 5

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                     14 JANUARY 2019


           c.    the internal driveway at the access point must be widened sufficiently to ensure
                 that all vehicles exiting the site and travelling west can remain on the southern
                 side of the centreline of the improved Cooroy Mountain Road.
     9.    The full extent of the driveway from Cooroy Mountain Road to the loading area of the
           facility must be sealed, designed and constructed in accordance with AS/NZS2890.1-
           2004, AS2890.2-2002 and The Noosa Plan Planning Scheme Policy 5 Engineering
           Design Standards - Roads, Drainage and Earthworks. The driveway shall be designed
           and constructed to grades that prevent vehicles from scraping and/or bottoming.
           Should any driveways be constructed to grades that do not comply with
           ASINZS2890.1:2004 and AS2890.2-2002, Council will require that the driveway be
           removed and reconstructed to levels that do comply.
     B1.   The road reserve opposite the site access must be landscaped. The works must be
           undertaken in accordance with an Operational Works approval and the Noosa Plan for
           that specific area and must include in particular:
           a.    An accurate account of trees removed for the works including species, amount
                 of visual dominance in the landscape and approximate age.
           b.    Replacement planting of trees removed in must have a minimum pot size of 45L.
           c.    landscaping treatment to the northern road reserve including the provision of
                 advanced tree stock of local native species to provide and maintain visually the
                 rural nature of the road corridor.
           d.    A 36 months maintenance program to ensure the growth of the replacement
                 plantings.
     B2.   All landscape works must be established and maintained in accordance with the
           approved design for the life of the development, and in a manner that ensures healthy,
           sustained and vigorous plant growth. All plant material must be allowed to grow to full
           form and be refurbished when its life expectancy is reached.
     B3.   All landscape works must be maintained generally in accordance with the approved
           design for the life of the development.
C.   Refer the proposed upgrade of Cooroy Mountain Road and Topaz Street to the Director of
     Infrastructure Services to determine the timing of the upgrade works within the 10 year
     Capital Works Program.
                                                                                          Carried.
Cr Stockwell voted for the motion.




                                                                                     Page 3 of 5

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         14 JANUARY 2019


2    THE NATURE CONSERVANCY PARTNERSHIP PROPOSAL - NOOSA RIVER OYSTER
     REEF RESTORATION PROJECT
Committee Recommendation
Moved:        Cr Stockwell
Seconded:     Cr Pardon
That Council note the report by the Director Environment and Sustainable Development and
Environmental Services Manager to the General Committee Meeting dated 14 January 2019,
consider the proposal from the Nature Conservancy as detailed in this report, and
A    Consider in the finalisation of the Noosa River Plan the inclusion of an aquatic and marine
     ecosystem restoration program as a core element of the Noosa River Plan 2019; that:
     1.    combines local knowledge and scientific expertise to inform advocacy, policy, planning
           and on-ground action;
     2.    coordinates and integrates the implementation, monitoring, evaluation and review of
           investment across a range of sectors and community groups;
     3.    respects both the traditional owner and historic commercial fishing family heritage;
     4.    addresses the priority threats to natural resource productivity and fish habitats to
           improve ecosystem health;
     5.    aims to enhance the biological and structural complexity across the network of fish
           habitats;
     6.    has a goal of increasing the overall carrying capacity of the river in terms of biodiversity
           and fish abundance.
B.   Note that Council considers the proposal from the Nature Conservancy as detailed in this
     report to be a significant opportunity to advance aquatic and marine ecosystem restoration
     in the Noosa River;
C.   Agree in principle to partner with the Nature Conservancy in accordance with the Partnership
     Proposal 2019 (Attachment 1);
D.   Develop a Partnership Agreement outlining at a minimum, partnership and project
     governance arrangements, funding requirements and accountabilities, monitoring,
     evaluation and reporting requirements, and that this agreement be reported back to Council
     for endorsement; and
E.   Note that any partnership agreement would commence from 1 July 2019 and refer
     consideration of the funding to the 2019/20 budget process.

Cr Jackson called for a division on the voting. The motion was carried 6/1.
For:       Crs Stockwell, Pardon, Jurisevic, Wilkie, Glasgow and Wellington.
Against:   Crs Jackson.




                                                                                          Page 4 of 5

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                   14 JANUARY 2019


3     1819T063 - CASTAWAYS BEACH SAFETY IMPROVEMENTS TENDER AWARD
Committee Recommendation
Moved:              Cr Glasgow
Seconded:           Cr Pardon
That Council note the report by the Project Manager to the General Committee Meeting dated 14
January 2019 and award tender 1819T063 for Castaways Beach Safety Improvements to Exceed
Concrete Construction Pty Ltd for the lump sum price of $240,975.57 (excluding GST).
                                                                                     Carried.



4     PROPOSED TELECOMMUNICATIONS LEASE AT COOYAR STREET, NOOSA HEADS
Cr Glasgow left the meeting.

Committee Recommendation
Moved:             Cr Jackson
Seconded:          Cr Pardon
That Council note the report by the Property Advisor to the General Committee Meeting dated 14
January 2019 regarding the telecommunications lease on Council premises at Cooyar Street,
Noosa Heads and agree to enter a commercial lease of the premises to Optus Mobile Pty Ltd as
outlined in the report.
                                                                                      Carried.



5     FINANCIAL PERFORMANCE REPORT - DECEMBER 2018
Cr Glasgow returned to the meeting.

Committee Recommendation
Moved:              Cr Stockwell
Seconded:           Cr Glasgow
That Council note the report by the Manager Financial Services to the General Committee Meeting
dated 14 January 2019 outlining December 2018 year to date financial performance against
budget.
                                                                                       Carried.




                                                                                   Page 5 of 5

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