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Meeting minutes
MINUTES
General Committee
Meeting
Monday, 16 September 2024
12:30 PM
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Tom
Wegener, Frank Wilkie, Nicola Wilson
“Noosa Shire – different by nature”
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Page 2
GENERAL COMMITTEE MEETING MINUTES 16 SEPTEMBER 2024
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Frank Wilkie (Acting Chair)
Cr Karen Finzel (via Microsoft Teams)
Cr Amelia Lorentson
Cr Jessica Phillips
Cr Brian Stockwell (via Microsoft Teams)
Cr Nicola Wilson
EXECUTIVE
Chief Executive Officer Larry Sengstock
Director Development & Regulation Richard MacGillivray
Director Strategy and Environment Kim Rawlings
Acting Director Community Services Paul Brinkman
Acting Director Infrastructure Services Shaun Walsh
Director Corporate Services, Trent Grauf
APOLOGIES
Cr Tom Wegener
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
That in accordance with Section 254K of the Local Government Regulation, Crs
Stockwell and Finzel are approved to attend the Meeting dated 16 September 2024
via Microsoft Teams.
Carried unanimously.
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Amelia Lorentson
That Cr Frank Wilkie be appointed as Acting Chairperson of the meeting due to Cr
Stockwell attending via Microsoft Teams.
Carried unanimously.
2. CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
The Minutes of the General Committee Meeting held on 12 August 2024 be received
and confirmed.
Carried unanimously.
3. PRESENTATIONS
Nil.
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GENERAL COMMITTEE MEETING MINUTES 16 SEPTEMBER 2024
4. DEPUTATIONS
Nil.
5. ITEMS REFERRED FROM COMMITTEES
5.1. 51988.2770.02 APPLICATION FOR A MINOR CHANGE TO A TOWN
PLANNING CONSENT FOR INDOOR ENTERTAINMENT AND EXTENSION
OF AN INDOOR ENTERTAINMENT - 31 BUTLER STREET, TEWANTIN
(REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 10
SEPTEMBER 2024 - ITEM 5.1)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Phillips
provided the following declaration to the meeting of a declarable conflict of interest
in this matter:
I, Cr Jessica Phillips, declare I have a declarable conflict of interest in this matter
as my close family friend, Fran Sadlier, is on the building sub-committee and a
long-term member of the Tewantin Netball Courts. Although I have a declarable
conflict of interest, I do not believe a reasonable person could have a perception
of bias because the position she holds is not a decision maker, nor is she an
executive committee member: neither I nor my family friend stand to gain a
personal or material benefit from the decision over and above what other club
members would gain. 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 Amelia Lorentson
Seconded: Cr Nicola Wilson
That Council note the declarable conflict of interest by Cr Phillips and determine
that Cr Phillips participates and votes on this matter as Council believes that a
reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Phillips did not vote on the above motion.
Committee Recommendation
Moved: Cr Jessica Phillips
Seconded: Cr Frank Wilkie
That Council note the report by the Senior Development Planner to the Planning
& Environment Committee Meeting dated 10 September 2024 regarding
Application No. 51988.2770.02 to make a minor change to an existing Town
Planning Consent for indoor entertainment and extension of an indoor
entertainment situated at Noosa District Sports Complex - 31 Butler St, Tewantin
and:
A. Approve the change.
B. Amend condition 2 and 9 as outlined in Attachment 1 to the Report.
C. Include additional conditions 17 to 37 as outlined in Attachment 1 to the Report.
D. Include advisory notes 1 to 6 as outlined in Attachment 2 to the Report.
E. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
F. Approve the Final Conditions as provided in Attachment 1 to the Minutes - Final
Conditions
Carried unanimously.
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GENERAL COMMITTEE MEETING MINUTES 16 SEPTEMBER 2024
5.2. 51981.3345.01 & 51984.3154.01 APPPLICATION FOR A MINOR CHANGE TO
DEVELOPMENT APPROVALS FOR A SEAFOOD KIOSK AT 185 WEYBA
ROAD, NOOSAVILLE
(REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 10
SEPTEMBER 2024 - ITEM 5.2)
Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That Council note the report by the Senior Development Planner to the Planning &
Environment Committee Meeting dated 10 September 2024 regarding Application
Numbers 51981.3345.01 & 51984.3154.01 to make a minor change to two (2)
development approvals for a takeaway seafood kiosk situated at 185 Weyba Rd,
Noosaville and:
A. Refuse the change for the following reasons:
1. The proposed changes do not constitute a minor change to the
development approvals as defined by the Planning Act 2016, as the
changes will result in a substantially different development.
2. The proposed bakery (service shop) is not consistent with the
Residential A zoning intent under the 1973 Planning Scheme for
Noosa Shire or the Medium Density Residential zone under Noosa
Plan 2020 and is more appropriately located in a centre zone.
3. The proposed bakery is not consistent with Overall Outcomes 2(a),
(d), (e) & (j) and Performance Outcomes & Acceptable Outcomes
PO1, PO5, AO5.1, AO5.2 of the Medium Density Residential Zone
Code under Noosa Plan 2020 as:
a. The proposed bakery is not a residential use and is not
compatible with surrounding residential uses.
b. The proposed bakery is more appropriately accommodated in a
centre zone and the land maintained for dual occupancies,
multiple dwellings and the like.
c. The proposal is likely to adversely impact on surrounding
resident’s amenity.
B. The proposal is not consistent with Overall Outcomes 2(a) & (b) and
Performance Outcome and Acceptable Outcome PO6 and AO6.1 of the
Driveways and Parking Code as the proposal provides insufficient on-site
car parking and is likely to generate additional demand for car parking
compared to the takeaway seafood kiosk.
For: Crs Frank Wilkie, Brian Stockwell, Nicola Wilson and Karen Finzel
Against: Crs Amelia Lorentson and Jessica Phillips
Carried.
5.3. LOCAL GOVERNMENT DOMESTIC AND FAMILY VIOLENCE PREVENTION
CHAMPIONS NETWORK
(REFERRED FROM SERVICES & ORGANISATION COMMITTEE DATED 10
SEPTEMBER 2024 - ITEM 5.2)
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GENERAL COMMITTEE MEETING MINUTES 16 SEPTEMBER 2024
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilson
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Wilson, inform the meeting that I have a declarable conflict of interest in this
matter as I am a volunteer director of a CAYAC Ltd, Maroochydore, a charity that
supports victims of domestic violence (amongst other services). While CAYAC is
not the subject of the decision being made today to appoint a councillor to an
observer role in the Network, I note that matters discussed in the Network’s
meetings in future may be relevant to CAYAC’s operations. I share this
information for transparency and to support my nomination for the position, having
an interest and experience in this area. Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias
because CAYAC is not the subject of today’s decision, and I am able to remain
impartial. 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 Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
That Council note the declarable conflict of interest by Cr Wilson and determine
that Cr Wilson participates and votes on this matter because Council believes that
Cr Wilson would be able to remain impartial and therefore a reasonable person
would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Wilson did not vote on the above motion.
Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Jessica Phillips
That Council note the report by the Community Development Coordinator to the
Services & Organisation Committee Meeting dated 10 September 2024 and:
A. Endorse Noosa Council’s recommitment to the Local Government
Domestic and Family Violence Prevention Champions Network; and
B. Appoint Cr Nicola Wilson and two staff members (from Community
Development and People and Culture teams), as Noosa Council’s
representatives to the Network.
Carried unanimously.
6. REPORTS DIRECT TO GENERAL COMMITTEE
6.1. FINANCIAL PERFORMANCE REPORT – AUGUST 2024
Committee Recommendation
Moved: Cr Nicola Wilson
Seconded: Cr Amelia Lorentson
That Council note the report by the Manager Financial Services (Acting) to the
General Committee Meeting dated 16 September 2024 outlining August 2024
year to date financial performance against budget, including changes to the
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GENERAL COMMITTEE MEETING MINUTES 16 SEPTEMBER 2024
financial performance report with the inclusion of key financial sustainability
indicators.
Carried unanimously.
6.2. REVISED STANDING ORDERS & OTHER RELATED POLICIES &
PROCEDURES
Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
That Council note the report by the Chief Executive Officer to the General
Committee Meeting dated 16 September 2024 regarding the amendment of
Noosa Council's Standing Orders and other relevant policies and procedures and
A. Adopt the updated Standing Orders for Council Meetings Policy (provided
at Attachment 1) and repeal current Standing Orders Policy (adopted 19
November 2020) subject to the amendment of the updated Standing
Orders, Section 18 – Notified Motions to delete the following words:
"18.8 The Chief Executive Officer may reject a Notice of Motion which:
a) does not relate to the objectives, roles and function of Council as
outlined in the annual Operational and Corporate Plan;
b) is vague or unclear in intention;
c) is identical or substantially similar to a Notified Motion that has been
considered by the Council and lost in the preceding six months;
d) is outside the powers of Council;
e) relates to an operational service request or relates to a matter that can
be handled under delegation;
f) is a matter subject to a Council decision-making process which has
commenced but is not yet complete."
B. Adopt the new Petition Procedure (provided at Attachment 2);
C. Adopt the new Deputation Procedure (provided at Attachment 3), subject
to the amendment of items 1, 3, and 6, and the deletion of item 5 as follows:
1. Up to 15 minutes in total will be allocated per deputation at each
Meeting for members of the community to present deputations. A
maximum of 5 minutes will be allocated per deputation with a maximum of
3 deputations per meeting are allowed.
3. The applicant must provide Council with the deputation topic and draft
script sufficient background material, whereby the CEO, on receiving an
application for the deputation, shall notify the Chairperson who, in
conjunction with the CEO, shall determine whether the deputation may be
heard. The CEO shall inform the applicant of the determination in writing.
5. Four deputations per calendar year by the same applicant /group will
be allowed.
56. Deputations on specific development applications or other statutory
applications before Council are not permitted. Deputations on Specific
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GENERAL COMMITTEE MEETING MINUTES 16 SEPTEMBER 2024
development applications or other statutory applications under Council
Officers' assessment are not allowed. Deputations will only be permitted
on applications reported to Council for determination.
D. Adopt the new Public Question Time Procedure (provided at Attachment
4) and thereby repeal current Public Question Time Guideline (adopted on
17 October 2019); and
E. Adopt the Councillor Investigation Policy (Attachment 7) and repeal current
Councillor Investigation Policy (adopted on 19 November 2020).
Procedural Motion
Moved: Cr Karen Finzel
Seconder: Nil
That the matter be deferred to the October meeting round to allow further
Councillor discussion to get the wording right on the proposed changes.
The motion lapsed for want of a seconder.
Amendment No. 1
Moved: Cr Frank Wilkie
Seconded: Cr Nicola Wilson
That Item A be amended to read:
A. Adopt the updated Standing Orders for Council Meetings Policy (provided
at Attachment 1) and repeal current Standing Orders Policy (adopted 19
November 2020) with the updated Standing Orders, Section 18 – Notified
Motions to be amended to read:
"18.8 Councillors are encouraged to lodge Notices of Motion which:
a) relate to the objectives, roles and function of Council as outlined in the
annual Operational and Corporate Plan;
b) are clear in intention;
c) are not identical or substantially similar to a Notified Motion that has
been considered by the Council and lost in the preceding six months;
d) are not outside the powers of Council;
e) do not relate to an operational service request or a matter that can be
handled under delegation;
f) are not matters subject to a Council decision-making process which has
commenced but is not yet complete.";
For: Crs Frank Wilkie, Brian Stockwell and Nicola Wilson
Against: Crs Amelia Lorentson, Jessica Phillips and Karen Finzel
The motion was Carried on the casting vote of the Chair.
Amendment No.2
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That Item C, 1 be amended to read:
1. 15 minutes in total will be allocated at each Meeting for members of the
community to present deputations. A maximum of 5 minutes will be allocated per
deputation with an extension of time allowed upon request to the meeting chair
and by consent of the councillors with a maximum of 3 deputations per meeting
allowed.
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GENERAL COMMITTEE MEETING MINUTES 16 SEPTEMBER 2024
For: Crs Frank Wilkie, Brian Stockwell and Karen Finzel
Against: Crs Jessica Phillips, Amelia Lorentson and Nicola Wilson
The motion was Carried on the casting vote of the Chair.
Amendment No. 3
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie
That Item C, 6 (which will become 5) be amended to read:
5. 6 Deputations on specific development applications or other statutory
applications under Council Officers' assessment are not allowed. Deputations will
only be permitted on applications reported to Council for
determination. Deputations on specific development applications or other
statutory applications before Council are not permitted.
Crs Brian Stockwell, Frank Wilkie, Nicola Wilson and Karen
For:
Finzel
Against: Crs Amelia Lorentson and Jessica Phillips
Carried.
Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
That Council note the report by the Chief Executive Officer to the General
Committee Meeting dated 16 September 2024 regarding the amendment of
Noosa Council's Standing Orders and other relevant policies and procedures and
A. Adopt the updated Standing Orders for Council Meetings Policy (provided
at Attachment 1) and repeal current Standing Orders Policy (adopted 19
November 2020) with the updated Standing Orders, Section 18 – Notified
Motions amended to read:
"18.8 Councillors are encouraged to lodge Notices of Motion which:
a) relate to the objectives, roles and function of Council as outlined in the
annual Operational and Corporate Plan;
b) are clear in intention;
c) are not identical or substantially similar to a Notified Motion that has
been considered by the Council and lost in the preceding six months;
d) are not outside the powers of Council;
e) do not relate to an operational service request or a matter that can be
handled under delegation;
f) are not matters subject to a Council decision-making process which has
commenced but is not yet complete.";
B. Adopt the new Petition Procedure (provided at Attachment 2);
C. Adopt the new Deputation Procedure (provided at Attachment 3) subject
to the amendment of items 1, 3, and 6, and the deletion of item 5 as follows:
1. 15 minutes in total will be allocated at each Meeting for members of the
community to present deputations. A maximum of 5 minutes will be
allocated per deputation with an extension of time allowed upon request to
the meeting chair and by consent of the councillors with a maximum of 3
deputations per meeting allowed.
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GENERAL COMMITTEE MEETING MINUTES 16 SEPTEMBER 2024
3. The applicant must provide Council with the deputation topic and draft
script sufficient background material, whereby the CEO, on receiving an
application for the deputation, shall notify the Chairperson who, in
conjunction with the CEO, shall determine whether the deputation may be
heard. The CEO shall inform the applicant of the determination in writing.
5. Four deputations per calendar year by the same applicant /group will
be allowed.
5 6. Deputations on specific development applications or other statutory
applications before Council are not permitted.
D. Adopt the new Public Question Time Procedure (provided at Attachment
4) and thereby repeal current Public Question Time Guideline (adopted on
17 October 2019); and
E. Adopt the Councillor Investigation Policy (Attachment 7) and repeal current
Councillor Investigation Policy (adopted on 19 November 2020).
Carried unanimously.
7. CLOSED SESSION
The meeting adjourned at 3.15pm.
The meeting resumed at 3.30pm.
7.1. APPEAL 1997 OF 2024
RELATING TO REFUSAL OF MCU23/0101 MATERIAL CHANGE OF USE
FOR SHORT TERM ACCOMMODATION AT 561 GYMPIE KIN KIN ROAD, KIN
KIN
CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Nicola Wilson
That the meeting be closed to the public pursuant to section 254J(3)(e) of the
Local Government Regulation 2012 for the purpose of discussing legal advice
relating to an appeal for Item 7.1 - Appeal 1997 of 2024 Relating to Refusal
of MCU23/0101 Material Change of Use for Short Term Accommodation at 561
Gympie Kin Kin Road, Kin Kin.
Carried unanimously.
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Jessica Phillips
That the meeting be re-opened to the public.
Carried unanimously.
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GENERAL COMMITTEE MEETING MINUTES 16 SEPTEMBER 2024
Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
That in respect of Planning and Environment Court Appeal 1997 of 2024, Council
through the General Committee Meeting dated 16 September 2024, delegates to
the CEO the power to attend to all matters relating to its resolution.
For: Crs Wilkie, Stockwell, Finzel, Phillips and Lorentson
Against: Cr Wilson
Carried.
8. MEETING CLOSURE
The meeting closed at 3.50pm.