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2019-01-17 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 17 January 2019
6pm
Council Chambers, 9 Pelican Street, Tewantin
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
ORDINARY MEETING MINUTES 17 JANUARY 2019
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
M Shave, Director Corporate Services
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
APOLOGIES
Nil
The meeting commenced at 6 pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Pardon
Seconded: Cr Glasgow
The Minutes of the Ordinary Meeting held on 20 December 2018 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil
4 PETITIONS
Nil
5 NOTIFIED MOTIONS
Nil.
Page 2 of 7
Section 3
ORDINARY MEETING MINUTES 17 JANUARY 2019
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
GENERAL COMMITTEE RECOMMENDATIONS
14 JANUARY 2019 - Crs. Frank Wilkie (Chair), Ingrid Jackson, Joe Jurisevic, Cr Jess Glasgow,
Frank Pardon, Brian Stockwell and Tony Wellington
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.
Council Resolution
Moved: Cr Glasgow
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.
Council Resolution
Moved: Cr Pardon
Seconded: Cr Wilkie
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.
Page 3 of 7
Section 4
ORDINARY MEETING MINUTES 17 JANUARY 2019
B. Advise the applicant that Council would support a change to the development approval
subject to additional conditions 5B, 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
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 must have a minimum pot size of
45L.
Page 4 of 7
Section 5
ORDINARY MEETING MINUTES 17 JANUARY 2019
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.
2 THE NATURE CONSERVANCY PARTNERSHIP PROPOSAL - NOOSA RIVER OYSTER
REEF RESTORATION PROJECT
Council Resolution
Moved: Cr Glasgow
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);
Page 5 of 7
Section 6
ORDINARY MEETING MINUTES 17 JANUARY 2019
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 Wellington, Wilkie, Pardon, Stockwell, Jurisevic and Glasgow
Against: Cr Jackson
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jackson
The General Committee recommendations dated 14 January 2019 be adopted except where dealt
with or held over by separate resolution.
Carried.
3 1819T063 - CASTAWAYS BEACH SAFETY IMPROVEMENTS TENDER AWARD
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).
4 PROPOSED TELECOMMUNICATIONS LEASE AT COOYAR STREET, NOOSA HEADS
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.
5 FINANCIAL PERFORMANCE REPORT - DECEMBER 2018
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.
Page 6 of 7
Section 7
ORDINARY MEETING MINUTES 17 JANUARY 2019
7 ORDINARY MEETING REPORTS
Nil.
8 CLOSED SESSION
Nil
9 NEXT MEETING
The next Ordinary Meeting will be held on 21 February 2019 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.38pm
Page 7 of 7