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2020-05-21 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 21 May 2020
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 21 MAY 2020
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor C Stewart, Mayor
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
M Shave, Director Corporate Services
K Contini, Director Community Services
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Billingham, Director Infrastructure Services
APOLOGIES
Nil.
The meeting commenced at 5.00pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wegener
The Minutes of the Ordinary Meeting held on 30 April 2020 be received and confirmed.
Carried unanimously.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Lorentson
The Minutes of the Special Meeting held on 13 May 2020 be received and confirmed.
Carried unanimously.
3 MAYORAL MINUTES
Nil.
Page 2 of 13
Section 3
ORDINARY MEETING MINUTES 21 MAY 2020
4 PETITIONS
1 PETITION: REQUEST FOR ENCLOSED DOG EXERCISE AREA AT CLAREY PARK,
TAIT STREET, TEWANTIN
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That the petition tabled by Cr Stewart requesting that Council install an enclosed dog
exercise area at Clarey Park, Tait Street, Tewantin be received and referred to the Chief
Executive Officer to determine appropriate action.
Carried unanimously.
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 13
Section 4
ORDINARY MEETING MINUTES 21 MAY 2020
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
12 MAY 2020 - Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart and Tom Wegener (via
video-conference)
Other Councillors in attendance: Crs Frank Wilkie and Amelia Lorentson
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Finzel
The Planning & Environment Committee recommendations dated 12 May 2020 be adopted.
Carried unanimously.
1 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE –
3RD QUARTER 2019-20
That Council note the report by the Director Environment and Sustainable Development to the
Planning and Environment Committee Meeting dated 12 May 2020 providing an update on
operations of the Environment and Sustainable Development Department for the period 1
January to 31 March 2020.
Page 4 of 13
Section 5
ORDINARY MEETING MINUTES 21 MAY 2020
SERVICES & ORGANISATION COMMITTEE MEETING RECOMMENDATIONS
12 MAY 2020 - Crs Joe Jurisevic (Chair), Amelia Lorentson, Frank Wilkie and Clare Stewart
Other Councillors in attendance: Nil.
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
The Services & Organisation Committee recommendations dated 12 May 2020 be adopted.
Carried unanimously.
1 AUDIT & RISK COMMITTEE MEMBERSHIP
That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
for further consideration.
2 AMENDMENT TO COUNCILLORS ACCEPTABLE REQUESTS GUIDELINES POLICY
That Services & Organisation Committee Agenda Item 2 be referred to the General Committee
for a further report.
3 COUNCILLORS EXPENSES REIMBURSEMENT AND PROVISION OF FACILITIES
POLICY
That Council note the report by the Director Executive Services Department to the Services &
Organisation Committee Meeting dated 12 May 2020 and adopt the updated Councillors’
Expenses Reimbursement and Provision of Facilities Policy provided at Attachment 1 to the
report.
4 COUNCILLOR REPRESENTATION ON VARIOUS BOARDS, EXTERNAL
ORGANISATIONS AND WORKING GROUPS
That Council note the report by the Chief Executive Officer to the Services and Organisation
Committee Meeting dated 12 May 2020 and:
A. Appoint Cr Lorentson as Council’s Observer on the Tourism Noosa Board;
B. Appoint the Mayor, Cr Wegener and Cr Lorentson to the Case Management Working
Group;
C. Appoint Cr Wegener to the Noosa Biosphere Reserve Foundation Board;
D. Appoint Cr Wilkie to the Rufous Street Project Control Group;
E. Appoint Cr Wegener to the Environment Levy Working Group;
F. Appoint Cr Finzel to the Regional Arts Development Fund Committee (RADF);
G. Appoint the Mayor, Cr Wilkie and Cr Jurisevic to the Transport Strategy Steering Group;
H. Appoint Cr Finzel to the Noosa Heritage Reference Group;
Page 5 of 13
Section 6
ORDINARY MEETING MINUTES 21 MAY 2020
I. Appoint the Mayor, Cr Wilkie and Cr Jurisevic to the Capital Works Executive;
J. Appoint the Mayor, Cr Stockwell and Cr Wegener to the Climate Change Adaption Plan
Project Control Group;
K. Note that the Sustainable Tourism Stakeholder Reference Group will be put on hold at
this stage as a result of COVID-19;
L. Appoint the Mayor and Cr Stockwell to the Teewah and Cooloola Working Group;
M. Appoint Cr Jurisevic to the Northern SEQ Regional Roads and Transport Group;
N. Appoint Cr Stockwell to the Mary River Catchment Coordinating Committee with Cr
Wegener as the Council proxy;
O. Appoint the Cr Wilkie, Cr Finzel and Cr Stockwell to the Walking & Cycling Strategy and
Highest Priority Cycling Corridors – Project Control Group (PCG);
P. Appoint the Mayor and Cr Wilkie to the CEO Performance Review Committee and that
the Chair be the Mayor;
Q. Continue the monthly Councillor Discussion Forum with all Councillors as members;
R. Appoint Cr Stockwell as the Council representative on the Cooroy Sports Complex
Committee and appoint Councillor Jurisevic as the Council representative on the
Tewantin Sports Complex Committee;
S. Appoint Cr Lorentson as Council’s representative to the Noosa Surfing Reserve
Committee;
T. Appoint Cr Wilkie and Cr Finzel as Council’s representatives to the Cooroy Futures
Group;
U. Appoint Cr Wilkie and Cr Finzel as Council’s representatives for the Hinterland
Playground Reference Group;
V. Appoint the Mayor as Council’s representative to the State Government Peer to Peer
Economy and Short-Term Letting Industry Reference Group;
W. Appoint Cr Wilkie as Council’s representative to the Sunshine Coast Airport Community
and Aviation Forum; and
X. The above memberships will be reviewed after two years.
5 COMMUNITY DISASTER RESPONSE AND RECOVERY GRANTS PROGRAM
That Council note the report by the Community Services Director and the Community
Development Manager to the Services and Organisation Committee Meeting dated 12 May
2020 regarding the Community Disaster Response and Recovery Grants Program and:
A. Approve amendments to the Community Grants Policy, by the addition of a Community
Disaster Response and Recovery Grant, as provided at Attachment 1;
B. Allocate the remaining $27,000 from the 19/20 Community Grants budget to the
Community Disaster Response and Recovery Grant category for the purposes of running
a rapid response grant round for community organisations that have immediate essential
needs as a result of COVID-19;
C. Delegate the Chief Executive Officer to authorise funding payments to the successful
applicants; and
D. Request the Chief Executive Officer to provide a report on the outcome of the 19/20
Community Disaster Response and Recovery Grant round at a future Council meeting.
Page 6 of 13
Section 7
ORDINARY MEETING MINUTES 21 MAY 2020
6 WASTE MANAGEMENT - 6 MONTHLY REPORT
That Council note the report by the Manager Waste and Environmental Health to the Services
and Organisation Committee Meeting 12 May 2020, providing an update on the activities of
the Waste Section for the first six months of financial year 2019/20.
7 COMMUNITY SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2019-2020
That Council note the report by the Director Community Services to the Services &
Organisation Committee meeting dated 12 May 2020 providing an update on the operations
of the Community Services Department for the period 1 January to 31 March 2020.
8 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2019-2020
That Council note the report by the Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 12 May 2020 providing an update on operations of the
Infrastructure Services Department for the period 1 January to 31 March 2020.
9 CORPORATE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2019-20
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 12 May 2020 providing an update on operations of the Corporate
Services Department for the period 1 January – 31 March 2020.
10 EXECUTIVE SERVICES DEPARTMENT REPORT - 3RD QUARTER 2019-20
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 12 May 2020 providing an update on operations of the Executive
Services Department for the period 1 January 2020 to 31 March 2020.
11 OPERATIONAL PLAN PROGRESS REPORT - 3RD QUARTER 2019-20
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 12 May 2020 providing an update on progress with the
implementation of the Operational Plan to 31 March 2020 and details of Council’s Key
Performance Indicators.
Page 7 of 13
Section 8
ORDINARY MEETING MINUTES 21 MAY 2020
GENERAL COMMITTEE MEETING RECOMMENDATIONS
18 MAY 2020 - Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Clare Stewart, Brian Stockwell
Apology: Cr Tom Wegener
4 FURTHER REPORT - MCU18/0166 - PLANNING & ENVIRONMENT COURT APPEAL NO
BD897 OF 2020 - REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR
SERVICE & UTILITY - TYPE 3 (TOWER) AT 244 TABLELANDS ROAD, COORAN
Cr Finzel declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) as prior to her election to Council she signed a petition relating to this application.
Cr Finzel left the meeting room for the debate and decision on this matter.
Cr Wegener declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) as he currently has an NBN tower located on his property and receives income
from NBN via a lease arrangement. Cr Wegener left the meeting room for the debate and decision on
this matter.
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) due to his relationship with Bill and Christine Tainsh who supported his
2020 election campaign by undertaking letterbox drops. Mr & Mrs Tainsh have since advised that they
are now co-respondents to this appeal. Cr Stockwell left the meeting room for the debate and decision
on this matter.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Development Planner to the Ordinary Meeting dated 30
April 2020 and the further report by the Manager Development Assessment to the General
Committee Meeting dated 18 May 2020 regarding Planning & Environment Court Appeal No.
BD897 of 2020 and agree to defend the appeal.
Carried unanimously.
Crs. Finzel, Wegener and Stockwell re-joined the meeting.
5 MCU17/0024.01 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE OF PREMISES - ENTERTAINMENT & DINING BUSINESS TYPE 1 FOOD
& BEVERAGES AND TYPE 2 RECREATION, AMUSEMENT AND FITNESS AT 4 THE
ESPLANADE, SUNSHINE BEACH
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Stockwell
That Council note the report by the Development Planner to the General Committee Meeting
dated 18 May 2020 regarding Application No. MCU17/0024.01 to make a minor change to an
existing approval for a Development Permit for Material Change of Use of Premises -
Entertainment & Dining Business Type 1 Food & Beverages and Type 2 Recreation,
Amusement and Fitness situated at 4 The Esplanade, Sunshine Beach and:
A. Approve a change to Condition 8 to read as follows:
Page 8 of 13
Section 9
ORDINARY MEETING MINUTES 21 MAY 2020
Noise
8. All amplified noise at the premises must be conducted through a sound limiting
device at all times to ensure that noise does not exceed the following:
i. between 6a.m. and 10p.m.—the adjusted maximum sound pressure level
LA10, plus adjustments for tonal and impulse components, exceeding the
background level LA90 by more than 10dB(A);
ii. between 10p.m. and 6a.m.—the sound pressure level LOCT10, in a full
octave band with centre frequencies from 63HZ to 2000HZ, exceeding the
background level LOCT90 by more than 8dB in any octave band.
Condition 8 i and ii shall apply for 12 months commencing 22 May 2020, unless
further extended by Council in writing. After that time if not extended by Council in
writing condition 8 iii and iv shall apply:
iii. Noise emanating from the premises including amplified or non-amplified
noise and patron noise prior to 10.00pm must not exceed 90dBC, fast
response, when measured approximately 3 metres from the source of the
noise; and
iv. Noise emanating from the premises including amplified or non-amplified
noise and patron noise after 10.00pm must not exceed 85dBC, fast
response, when measured approximately 3 metres from the source of the
noise.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Procedural Motion
Moved: Cr Jurisevic
Seconded: -
That the motion be put.
The procedural motion was withdrawn by Cr Jurisevic.
Carried unanimously.
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
The General Committee recommendations dated 18 May 2020 be adopted except where dealt with
or held over by separate resolution.
Carried unanimously.
Page 9 of 13
Section 10
ORDINARY MEETING MINUTES 21 MAY 2020
1 AUDIT & RISK COMMITTEE MEMBERSHIP
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 12 May 2020 and:
1. Adopt the Audit & Risk Committee’s updated Audit & Risk Committee Charter provided
as Attachment 1 to the report;
2. Endorse the appointment of Mayor Stewart and Councillor Lorentson to the Audit & Risk
Committee; and
3. Approve the extension of the Audit & Risk Committee Chairperson’s term from 30 August
2020 to 31 December 2020; and
4. Set the following external member sitting fees to commence from 1 January 2021:
Chair - $800 per meeting;
Other External Member - $600 per meeting.
2 AMENDMENT TO COUNCILLORS ACCEPTABLE REQUESTS GUIDELINES POLICY
Refer to Further Report at Item 3.
3 FURTHER REPORT – AMENDMENT TO COUNCILLORS ACCEPTABLE REQUESTS
GUIDELINES POLICY
That Council note the report by the Director Executive Services to the Services and
Organisation Committee Meeting dated 12 May 2020 and the further report to the General
Committee Meeting dated 18 May 2020 and adopt the amended Councillors Acceptable
Requests Guideline Policy provided as Attachment 1 to the further report.
6 132005.1062.07 - APPLICATION TO EXTEND THE CURRENCY PERIOD OF
DEVELOPMENT APPROVAL FOR DUPLEX DWELLING & OPERATIONAL WORKS AT 5
PARK CRESCENT, SUNSHINE BEACH
That Council note the report by the Development Planner to the General Committee Meeting
dated 18 May 2020 regarding Application No. 132005.1062.07 to extend the currency period
for a Development Permit for Material Change of Use - Duplex Dwelling and Operational Works
- Landscaping, Car Parking, Access, Stormwater Drainage and Sediment and Erosion Control
situated at 5 Park Crescent, Sunshine Beach and:
A. Refuse the extension for the following reasons:
1. The proposed development is not consistent with Overall Outcomes 7.7.2 a), g)
and mm) and Specific Outcomes O1, O5, O13 of Eastern Beaches Locality Code,
as the development intrudes into the required setbacks, fails to preserve the visual
amenity of neighbouring properties and includes extensive cut and fill.
2. The proposed development is not consistent with the Overall Outcomes 14.44.2 b)
& h) and Specific Outcomes O13 & O16, as the proposed development is not
designed and sited to maintain the visual privacy of neighbouring properties and
does not minimise the need for cut and fill.
3. The approval for the Operational Works is not consistent with the current standards
required by the Engineering Works Codes under The Noosa Plan:
3.1. Stormwater works conditioned is not consistent with Specific Outcomes O8
and O9 of the Transport, Roads and Drainage Code;
Page 10 of 13
Section 11
ORDINARY MEETING MINUTES 21 MAY 2020
3.2. Frontage works conditioned is not consistent with current Council Standard
Drawing requirements under the Transport, Roads and Drainage Code;
3.3. Erosion and sediment control measures conditioned are not consistent with
current requirements of the Transport, Roads and Drainage Code;
3.4. The access driveway is not consistent with current Council Standard Drawing
requirements under the Driveways and Carparking Code; and
3.5. Earthworks conditioned is not consistent with current Council Standard
Drawing requirements under the Earthworks Code.
4. The development approval was designed in conjunction with 7 Park Crescent,
Sunshine Beach, which has now lapsed and accordingly has the potential to
adversely impact on the future amenity of 7 Park Crescent, Sunshine Beach.
5. The contributions payable towards trunk infrastructure under this approval are not
consistent with the current Infrastructure Charges Resolution.
6. The proposed development is contrary to the outcomes sought for the site under
the draft Noosa Plan, with duplex dwellings identified as inconsistent for the area
in order to accommodate the projected housing needs for Shire.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
7 RAL19/0008 - DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT INTO
2 LOTS) AT 216 BLACK MOUNTAIN ROAD, BLACK MOUNTAIN
That Council note the report by the Development Planner to the General Committee Meeting
dated 18 May 2020 regarding Application No. RAL19/0008 for a Development Permit for
Reconfiguring A Lot (1 Lot into 2 Lots), situated at 216 Black Mountain Road, Black Mountain
and:
A. Refuse the application for the following reasons:
1. The proposal does not comply with Overall Outcome 14.181.2a), c) and g) and
Specific Outcomes O1 & O5 of the Reconfiguring a Lot Code, as proposed lot 2
does not meet the minimum lot size required, is not suitable for its intended use,
with the proposed house site and access located on steeply sloping land.
2. The proposal does not comply with Specific Outcomes O15 and O77 of the Cooroy
& Lake Macdonald Locality Code, as the proposal is not responsive to the natural
topography, and proposes significant earthworks to create a house site.
3. The proposal does not comply with Overall Outcome 13.30.2a) and b) and Specific
Outcomes O1and O2 of the Natural Hazards Overlay Code, as proposed lot 2 is
located in a landslide hazard area and significant earthworks are proposed to
create the house site potentially placing people and property at risk from future
landslides. .
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 11 of 13
Section 12
ORDINARY MEETING MINUTES 21 MAY 2020
8 MCU20/0008 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE
That Council note the report by the Development Planner to the General Committee Meeting
dated 18 May 2020 regarding Application No. MCU20/0008 for a Development Permit for
Material Change of Use – Ancillary Dwelling Unit, situated at 1/33 Gateway Drive, Noosaville
and:
A. Refuse the application for the following reasons:
1. The proposed development is not for an Ancillary Dwelling Unit as defined under
section 2.11.5 of the Noosa Plan because:
a) A detached house is proposed on the premises;
b) The proposed dwelling unit is not subordinate to the non-residential use;
2. The proposed development is for a detached house which under Table 11.9 of
Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry
Zone requiring impact assessment.
3. The proposed development is inconsistent with the Noosaville Locality Code in the
following respects:
a) The proposed use will be incompatible with other uses and works on the
premises contrary to 11.7.2(a)(i) of the Overall Outcomes Division 16;
b) The proposed use fails to protect the subject premises for industrial functions
to the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall
Outcomes Division 16;
4. The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the
Detached House Code as land zoned industrial is not suited for residential use and
would be located in the vicinity of land uses which would adversely impact the
occupation and use of buildings and the site by residents and would result in the
residential development preventing or inhibiting the conduct of existing land uses.
5. The proposed development fails to provide sufficient car parking on site for the
dwelling unit and the non-residential use contrary to Overall Outcomes 14.110.2 c)
and d) and Specific Outcome O7 of the Driveways and Carparking Code.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
9 FINANCIAL PERFORMANCE REPORT - APRIL 2020
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 18 May 2020 outlining April 2020 year to date financial performance against
budget, including key financial sustainability indicators.
Page 12 of 13
Section 13
ORDINARY MEETING MINUTES 21 MAY 2020
9 ORDINARY MEETING REPORTS
Nil.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
The next Ordinary Meeting will be held on 18 June 2020 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
The meeting closed at 5.36pm.
Page 13 of 13