2019-01-17 Ordinary Meeting Minutes

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