2021-04-06 Planning and Environment Committee Meeting Minutes

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                            6 APRIL 2021


5   REPORTS FOR CONSIDERATION OF THE COMMITTEE


    1   MCU20/0128 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
        FOR A RESIDENTIAL CARE FACILITY AT 32 VIEWLAND DRIVE, NOOSA HEADS
        In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the
        following declaration to the meeting of a prescribed conflict of interest in this matter:
        I, Cr Stewart, inform the meeting that I have a prescribed conflict of interest in this matter as the
        applicant, Deluca Charitable Foundation Limited is building this facility for the benefit of
        Youngcare and I am a Board Director of Youngcare. As a result of my conflict of interest, I will
        now leave the meeting room while the matter is considered and voted on.
        Committee Recommendation
        Moved:              Cr Finzel
        Seconded:           Cr Wegener
        That Planning & Environment Committee Agenda Item 1 be referred to the General
        Committee for further consideration.
                                                                                  Carried unanimously.
        Cr Stewart re-joined the meeting.




6   REPORTS FOR NOTING BY THE COMMITTEE


    2   PLANNING APPLICATIONS                   DECIDED        BY     DELEGATED          AUTHORITY          –
        FEBRUARY 2021
        In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the
        following declaration to the meeting of a declarable conflict of interest in this matter:
        I, Cr Stewart inform the meeting that I have a declarable conflict of interest in this matter in
        relation to the application CBD Settlers Cove Pty Ltd by which is item 24 in this report. Mr
        Shannon Gillard, who is related to the applicant CBD Settlers Cove Pty Ltd, and his wife Kate,
        are friends of mine through our children. We socialise together occasionally. Although I have
        a declarable conflict of interest, I do not believe a reasonable person could have a perception
        of bias because I believe I do not have a close personal relationship with Mr & Mrs Gillard and
        Council's consideration of this application is not to approve or reject it, it is only for noting of a
        decision that has already been made by staff. Therefore, I will choose to remain in the meeting
        room. However, I will respect the decision of the meeting on whether I can remain and
        participate in the decision.
        Committee Resolution
        Moved:               Cr Stockwell
        Seconded:            Cr Finzel
        That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the
        public interest that Cr Stewart participates and votes on this matter because Council believes
        that Cr Stewart does not have a close personal relationship with Mr Gillard and as Council's
        consideration of this application is not to approve or reject it, only to note a decision that has
        already been made by staff, a reasonable person would trust that the final decision is made in
        the public interest.
                                                                                     Carried unanimously.
        (Cr Stewart did not vote on the above motion)




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