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                             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.

Page 4

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)

Page 5

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

Page 6

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

Page 7

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.

Page 8

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.

Page 9

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.

Page 10

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.

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