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2019-01-17 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 17 January 2019
commencing at 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 AGENDA 17 JANUARY 2019
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
GENERAL COMMITTEE RECOMMENDATIONS 4
7 ORDINARY MEETING REPORTS 9
8 CLOSED SESSION 9
9 NEXT MEETING 9
10 MEETING CLOSURE 9
Page 2 of 9
Section 3
ORDINARY MEETING AGENDA 17 JANUARY 2019
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 20 December 2018 be received and confirmed.
3 MAYORAL MINUTES
Nil
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 3 of 9
Section 4
ORDINARY MEETING AGENDA 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
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 4 of 9
Section 5
ORDINARY MEETING AGENDA 17 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
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.
Page 5 of 9
Section 6
ORDINARY MEETING AGENDA 17 JANUARY 2019
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.
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;
Page 6 of 9
Section 7
ORDINARY MEETING AGENDA 17 JANUARY 2019
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.
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.
Page 7 of 9
Section 8
ORDINARY MEETING AGENDA 17 JANUARY 2019
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.
Recommendation
The General Committee recommendations dated 14 January 2019 be adopted except where dealt
with or held over by separate resolution.
Page 8 of 9
Section 9
ORDINARY MEETING AGENDA 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
Page 9 of 9