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2018-06-18 General Committee Meeting Notes
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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 18 JUNE 2018
GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
18 JUNE 2018 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell and Tony Wellington
Apology: Cr Frank Pardon
1 NOOSA BIOSPHERE RESERVE FOUNDATION – PROPOSED FUNDING DEED
Motion
Moved: Cr Wellington
Seconded: Cr Stockwell
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 12 June 2018 and:
A. Agree to enter into a 3-year Funding Deed with the Noosa Biosphere Reserve
Foundation (the Foundation) as set out in Attachment 1 to the report;
B. Authorise the Chief Executive Officer to make any minor alterations to the Funding
Deed, as may be necessary, and enter into the Funding Deed with the Foundation;
C. Offer the Foundation the remaining 3-year lease option to continue the use of the
Council premises at 52 Doonella Street, Tewantin subject to the existing lease
conditions and continuation of the informal arrangements for use of the premises by
other community groups.
D. Thank the NBRF members including current board members for their considerable
volunteer efforts over the past 3 years.
Amendment
Moved: Cr Jackson
Seconded: Cr Glasgow
That the motion be amended to include a new item E as follows:
E. Amend the first sentence in clause 6.1(c) under ‘FUNDING CONDITIONS’ to read:
c) Before 30th March 2019, NBRF is to provide details of changes instituted by the
Foundation to improve its governance model and operations, including:,
transparency around its operations, reporting to the community and fund-raising
effectiveness. In the event that Council is satisfied that reasonable steps have
been taken to address these matters, consideration will be given to further
funding for operational expenses for the remaining financial years under this
Deed.
Aligning its objects with the aims of UNESCO’s Man and the Biosphere
Program;
Opening up its membership, including voting rights, to the community;
Not allowing the provision of grant funding to organisations where Directors
are officeholders;
Transparency around its operations;
Reporting to the community; and
Fundraising effectiveness.
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Section 2
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 18 JUNE 2018
Cr Jackson called for a division on the voting. The amendment was Lost 2/4.
For: Crs. Glasgow, Jackson
Against: Crs. Jurisevic, Stockwell, Wellington, Wilkie
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Stockwell
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 12 June 2018 and:
A. Agree to enter into a 3-year Funding Deed with the Noosa Biosphere Reserve
Foundation (the Foundation) as set out in Attachment 1 to the report;
B. Authorise the Chief Executive Officer to make any minor alterations to the Funding
Deed, as may be necessary, and enter into the Funding Deed with the Foundation;
C. Offer the Foundation the remaining 3-year lease option to continue the use of the
Council premises at 52 Doonella Street, Tewantin subject to the existing lease
conditions and continuation of the informal arrangements for use of the premises by
other community groups.
D. Thank the NBRF members including current board members for their considerable
volunteer efforts over the past 3 years.
Cr Jackson called for a division on the voting. The motion was Carried 4/2.
For: Crs. Jurisevic, Stockwell, Wellington, Wilkie
Against: Crs. Glasgow, Jackson
2 MCU18/0004 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT & DINING BUSINESS - TYPE 1 (FOOD & BEVERAGE) AT 56 MAIN
STREET, KIN KIN
Refer to Further Report at Item 6.
3 TREE MANAGEMENT ON PUBLIC LAND POLICY
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stockwell
That Council note the report by the Civil Operations Manager to the Services & Organisation
Committee Meeting dated 12 June 2018, repeal the current Tree Management on Public
Land Policy, and adopt the revised Council Policy – Tree Management on Public Land as
set out in Attachment 1 to the report with an amendment to the Policy Objectives, item 5 to
read as follows:
5. Where it is unavoidable that trees are to be removed from public land, Council may
consider will arrange an offset planting.
Carried.
Page 2 of 9
Section 3
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 18 JUNE 2018
4 COUNCIL COMMITTEE MEETINGS
Motion
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee meeting dated 12 June 2018 and:
A. Note that in future, the Planning and Environment Committee, Services and
Organisation Committee and General Committee meetings will note the movers and
seconders of motions in accordance with section 270 of the Local Government
Regulation 2012;
B. Exempt the Planning and Environment Committee and Services and Organisation
Committees from the keeping of minutes pursuant to section 272 (6) of the Local
Government Regulation 2012 on the basis that the sole purpose of these Committees
is to provide recommendations to Council for consideration at its Ordinary Meeting
(noting that the outcomes of these meetings will record Councillor attendance, details
of all items deliberated on, details of any conflicts of interest or material personal
interests declared by Councillors, any changes to staff recommendations and the final
recommendations to the Ordinary Meeting made by these Committees); and
C. Exempt the General Committee from the keeping of minutes pursuant to section 272
(6) of the Local Government Regulation 2012 on the basis that the sole purpose of this
Committee is to provide recommendations to Council for consideration at its Ordinary
Meeting (noting that the outcomes of the General Committee meeting will record
Councillor attendance, details of all items deliberated on, details of any conflicts of
interest or material personal interests declared by Councillors, any changes to staff
recommendations and the final recommendations to the Ordinary Meeting made by
the General Committee).
Amendment
Moved: Cr Jackson
Seconded: Cr Glasgow
That item C of the motion be amended to read:
C. Exempt Require minutes to be taken of eachthe General Committee from the keeping
of minutesmeeting and make the minutes available for inspection by the public
pursuant to sections 272 (61) to 272 (5) of the Local Government Regulation 2012. on
the basis that the sole purpose of this Committee is to provide recommendations to
Council for consideration at its Ordinary Meeting (noting that the outcomes ofMinutes
of each the General Committee meeting will record at minimum - Councillor
attendance, details of all items deliberated on, details of any conflicts of interest or
material personal interests declared by Councillors, all motions and amendments
moved, the movers and seconders of motions and amendments, whether the motions
and amendments were carried or lost, Councillor names(s) and how they voted if
requested or division called by Councillors under Council Standing Orders, a summary
of the considerations for and against each measure that were considered by the
Committee in reaching its advice and recommendations, any changes to staff
recommendations and the final recommendations to the Ordinary Meeting made by the
General Committee).
The Chair determined that this proposed Amendment directly negates the motion and
therefore could not be put.
Page 3 of 9
Section 4
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 18 JUNE 2018
Amendment No. 1
Moved: Cr Jackson
Seconded: Cr Glasgow
That an additional Item D be included to read:
D. Pursuant to section 272 (8) of the Local Government Regulation 2012, require any
“Committee which has been exempted under subsection (6) to give the Council a
written report of its deliberations”, consisting of a summary of the considerations for
and against each measure that were considered by the Committee in reaching its
advice or recommendations.
Cr Jackson called for a division on the voting. The amendment was Lost 2/4.
For: Crs. Glasgow, Jackson
Against: Crs. Jurisevic, Stockwell, Wellington, Wilkie
Amendment No. 2
Moved: Cr Wilkie
Seconded: Cr Glasgow
That the motion be amended to include an additional Item D and E to read:
D. Note that General Committee “live” meeting minutes will continue to be kept as a
record; and
E. Provide copies of General Committee “live” meeting minutes to members of the public
upon request.
Lost.
Amendment No. 3
Moved: Cr Stockwell
Seconded: Cr Glasgow
That the motion be amended to include an additional Item D and E to read:
D. That the notes taken as a live record of the General Committee meeting continue to be
kept; and
E. Provide copies of the General Committee live record meeting notes to members of the
public upon request.
Carried.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee meeting dated 12 June 2018 and:
A. Note that in future, the Planning and Environment Committee, Services and
Organisation Committee and General Committee meetings will note the movers and
seconders of motions in accordance with section 270 of the Local Government
Regulation 2012;
Page 4 of 9
Section 5
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 18 JUNE 2018
B. Exempt the Planning and Environment Committee and Services and Organisation
Committees from the keeping of minutes pursuant to section 272 (6) of the Local
Government Regulation 2012 on the basis that the sole purpose of these Committees
is to provide recommendations to Council for consideration at its Ordinary Meeting
(noting that the outcomes of these meetings will record Councillor attendance, details
of all items deliberated on, details of any conflicts of interest or material personal
interests declared by Councillors, any changes to staff recommendations and the final
recommendations to the Ordinary Meeting made by these Committees);
C. Exempt the General Committee from the keeping of minutes pursuant to section 272
(6) of the Local Government Regulation 2012 on the basis that the sole purpose of this
Committee is to provide recommendations to Council for consideration at its Ordinary
Meeting (noting that the outcomes of the General Committee meeting will record
Councillor attendance, details of all items deliberated on, details of any conflicts of
interest or material personal interests declared by Councillors, any changes to staff
recommendations and the final recommendations to the Ordinary Meeting made by
the General Committee);
D. That the notes taken as a live record of the General Committee meeting continue to be
kept; and
E. Provide copies of the General Committee live record meeting notes to members of the
public upon request.
Cr Jackson called for a division on the voting. The motion was Carried 5/1.
For: Crs. Glasgow, Jurisevic, Stockwell, Wellington, Wilkie
Against: Cr. Jackson
The meeting adjourned at 12.00pm.
The meeting re-opened at 12.08pm.
5 UPDATE ON LIFESAVING SERVICES AT PEREGIAN BEACH
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Glasgow
That Council note the report by the Property Advisor to the Services & Organisation
Committee Meeting dated 12 June 2018 providing an update on lifesaving services at
Peregian Beach.
Carried.
Page 5 of 9
Section 6
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 18 JUNE 2018
6 MCU18/0004 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT & DINING BUSINESS - TYPE 1 (FOOD & BEVERAGE) AT 56 MAIN
STREET, KIN KIN – FURTHER REPORT
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 acquaintance with the applicant and as the applicant’s family
assisted Cr Stockwell with his election campaign. Cr Stockwell advised that the family members have
no direct involvement in this application. 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.
Procedural Motion
Moved: Cr Wellington
Seconded: Cr Jackson
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.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 June 2018 and the further report to the General Committee
Meeting dated 18 June 2018 regarding Application No. MCU18/0004 for a Development
Permit for Material Change of Use for an Entertainment & Dining Business - Type 1 (Food &
Beverage) situated at 56 Main St, Kin Kin and:
A. Approve the application and a mobile post office in accordance with the following
conditions:
When Conditions must be complied with
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plan
2. Development undertaken in accordance with this approval must generally comply
with the approved plan of development. The approved plan is listed in the
following table and may be further amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Job number 15005 A1 C SITE PLAN 30.07.2017
Job number 15005 A2 C FLOOR PLAN 30.07.2017
Job number 15005 A3 C ELEVATIONS AND SECTION PLAN 30.07.2017
Page 6 of 9
Section 7
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 18 JUNE 2018
Amended plans
3. Prior to the issue of a Development Permit for Building Works amended plans
must be submitted to Council providing details of the finishes and materials of
the shipping container, link-way and barn. The plans must demonstrate that
buildings and other structures use materials and finishes that complement the
village character of Kin Kin and integrate with the surrounding natural landscape
and include the following as a minimum:
a. Link-way and barn uprights to be constructed of timber;
b. Link-way and barn roofs to be of a colour and material consistent with the
rural character of the locality;
c. The exterior finish of the shipping container must be painted in muted tones
or clad in a muted material.
The appearance of all structures, including the shipping container, must be
maintained at all times.
Nature and Extent of Approved Use
4. The use of new undercover dining area must not operate outside of the hours
7am – 10pm and be used a maximum of three days per week.
5. Patrons in the new undercover dining area must not exceed 60 persons.
6. Patrons on the existing deck dining area must not exceed 40 persons.
7. The new undercover dining and link-way areas must be in accordance with the
approved plan, with no more than 192m2 used for dining.
8. Service vehicle movements associated with the approved use (including loading
and unloading) must not occur outside the hours of 6am to 6pm Monday to
Saturday, and not at all on Sundays or public holidays.
Noise
9. External speakers or amplified music are not permitted.
10. Refuse disposal, particularly glass bottles and the like, must be considerate of
noise at all times.
11. Management must ensure patrons leave the premises and street frontage
promptly after nightly closing time and do not mingle or otherwise cause noise
nuisance.
12. Noise emissions from any new air-conditioning and refrigeration equipment
associated with the development shall comply with the following requirements:
a. 7am to 10pm: Background + 5dB(A)
b. 10pm to 7am: Background + 3dB(A)
WASTE
Waste Disposal
13. The developer must provide waste storage and disposal facilities in accordance
with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and
Commercial and Industrial Premises”. The facilities must include an external
impervious area correctly sized for all refuse and recycling containers and
suitably screened from public places and neighbouring properties. A bin wash
Page 7 of 9
Section 8
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 18 JUNE 2018
area is required with a cold-water tap, hose and drain outlet connected to sewer,
via a bucket trap. The drain outlet must be designed to prevent storm water entry
to the sewerage system. This can be achieved with a nib wall 50mm high and up
to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be
roofed, or any other design approved by Council.
14. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste
Management) Regulation 2000, for the storage and collection of refuse.
15. Public bins must be provided to reduce littering. All bins provided must be for
refuse and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Access and Driveways
16. Sealed access driveways must be maintained from Main Street to all parking and
manoeuvring areas of the development.
Car Parking
17. A minimum of 5 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business.
The carparking must include in particular:
a. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
b. 1 disabled parking space/s within the total
c. dimensions, crossfalls and gradients in accordance with the relevant
Australian Standard (AS/NZS2890.1:2004 for staff and customers,
AS/NZS2890.6:2009 for people with disabilities).
18. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
19. Stormwater runoff from the development must be disposed of on-site without
causing scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
20. All earthworks and associated batters must be contained entirely within the
subject site unless written permission from the respective landowner(s) is
provided to Council. All earthworks must be undertaken in accordance with the
provisions of Australian Standard AS3798: Guidelines on Earthworks for
Commercial and Residential Developments.
Damage to Services and Assets
21. Any damage caused to existing services and assets as a result of the
development works must be repaired at no cost to the asset owner at the
following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Page 8 of 9
Section 9
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 18 JUNE 2018
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
B. Agree to reduce the Infrastructure Charge payable for the proposed development to
$17,472 based on the approved operating days as conditioned.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
Cr Stockwell voted in favour of the motion.
7 COAL MINING AND COAL SEAM GAS EXTRACTION
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Jurisevic
That Council note the report by the Director Environment & Sustainable Development to the
General Committee Meeting dated 18 June 2018 and:
A. Endorse the following statement as the basis for Council’s policy position on coal
mining, coal exploration and coal seam gas extraction:
Noosa Council does not support any further applications for permits for coal
exploration, coal mining, coal seam gas exploration or coal seam gas production within
the Shire based on Council’s significant concerns regarding associated environmental
and social impacts and the incompatibility of such activities with Noosa’s natural assets
and lifestyle, and
B. Include its policy position within the new Noosa Plan strategic framework.
Carried.
Page 9 of 9