GENERAL COMMITTEE MEETING REPORT - 16 SEPTEMBER 2024 · Committee to Council report

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ORDINARY MEETING                                                               19 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)
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.


5.3. LOCAL GOVERNMENT DOMESTIC AND FAMILY VIOLENCE PREVENTION CHAMPIONS
NETWORK (REFERRED FROM SERVICES & ORGANISATION COMMITTEE DATED 10
SEPTEMBER 2024 - ITEM 5.2)
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.
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.

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ORDINARY MEETING                                                              19 SEPTEMBER 2024



6.2. REVISED STANDING ORDERS & OTHER RELATED POLICIES & PROCEDURES

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.
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.
6. 5. 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).

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ORDINARY MEETING                                                      19 SEPTEMBER 2024


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
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.




Committee Recommendation
That the report of the General Committee meeting dated 16 September 2024 be received and the
recommendations therein be adopted except where dealt with by separate resolution.