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2020-07-16 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 16 July 2020
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 16 JULY 2020
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 4
4 PETITIONS 9
5 NOTIFIED MOTIONS 9
6 PRESENTATIONS 9
7 DEPUTATIONS 9
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 10
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 10
SERVICES & ORGANISATION COMMITTEE MEETING RECOMMENDATIONS 13
GENERAL COMMITTEE MEETING RECOMMENDATIONS 14
9 ORDINARY MEETING REPORTS 17
10 CLOSED SESSION 17
11 PUBLIC QUESTION TIME 17
12 NEXT MEETING 17
13 MEETING CLOSURE 17
Page 2 of 17
Section 3
ORDINARY MEETING AGENDA 16 JULY 2020
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 18 June 2020 be received and confirmed.
The Minutes of the Special Meeting held on 10 July 2020 be received and confirmed.
Page 3 of 17
Section 4
ORDINARY MEETING AGENDA 16 JULY 2020
3 MAYORAL MINUTES
MAYORAL MINUTE
I hereby give notice of my intention to move the following motion at the Ordinary Meeting on
Thursday, 16 July 2020:
1 PURCHASE OF 24 COOROY NOOSA ROAD, TEWANTIN – LOT 375 SP151415 (FORMER
TEWANTIN TAFE SITE)
That Council note the Mayoral Minute provided to the Ordinary Meeting dated 16 July 2020,
and:
A. Instruct the CEO to discontinue negotiations with the Queensland Government regarding
the purchase of the former Tewantin TAFE site located at 24 Cooroy Noosa Road,
Tewantin;
B. Agree to instead adopt an advocacy role for potential suitable end users (e.g. lessees or
purchasers), with these likely to be from the education or training sectors; and
C. Request the Chief Executive Officer to write to the Department of Employment, Small
Business and Training and the State Member for Noosa, Sandy Bolton, thanking them
for their assistance in this matter to date and:
Advise of Council’s decision not to proceed with purchase negotiations but to
instead advocate for a suitable user to be found to activate the site;
Reaffirm Council’s desire to see the site activated at the earliest opportunity;
Provide details of approaches to Council from potential end uses to date; and
Offer Council’s ongoing assistance to facilitate the activation of the site.
BACKGROUND
The Tewantin TAFE campus was constructed in 2004 by the Queensland State Government. It had
a short history, opening in 2006 with 716 students and closing in 2014 with 256 students many of
whom were studying off-campus. The decline in the success and viability of the campus was
mirrored at many others around Australia, with privatisation of the training sector causing competition
for students, resulting in the State Government identifying a need to centralise and reduce the
number of TAFE campuses across the state.
Since its 2014 closure the facility has mostly sat idle and, unfortunately, been subject to vandalism
and building deterioration. Meanwhile the Noosa community and Council have grown increasingly
anxious to see the site reactivated to halt the decline of this valuable community asset.
The site currently remains the responsibility of the State’s Department of Employment, Small
Business and Training (the State) and, through the assistance of the Member for Noosa, Sandy
Bolton, and departmental staff, Council has been provided with “first option” to purchase the site.
Sandy has been a strong advocate for this facility being re-activated and has worked tirelessly to
support our Council throughout this process for which we are grateful.
Following an initial formal approach by the State regarding a potential purchase of the site in 2018,
Council has formally considered the issue twice and on both occasions resolved to continue to
negotiate the potential purchase of the TAFE site. On 20 December 2018 (Council’s second formal
deliberation of the matter), Council agreed that subject to successful negotiations the CEO was
authorised to purchase the site for up to $1.7 million. Council’s decision at that time to purchase was
ultimately predicated on Council’s desire to protect the environmental values of the site from private
purchase and development and also delivering on the community’s desire to see the site reused and
reactivated.
Page 4 of 17
Section 5
ORDINARY MEETING AGENDA 16 JULY 2020
Environmental and Planning Considerations
Previous reports on the TAFE site outlined its significant environmental values. Following the
decision to purchase, it is my understanding that Council Environment staff commissioned a flora
and fauna assessment of the site by consultants, Native Foresters. Their study identified a mix of
remnant and regrowth Regional Ecosystem vegetation types across the site and habitat for
threatened species, including Koala, Glossy Black Cockatoo and Wallum Frogs (listed as Vulnerable
under the Nature Conservation Act 1992) and Swamp Crayfish (Endangered). Both the Koala and
the Swamp Crayfish were recorded on the site during surveys.
The latest Biodiversity Overlay mapping included in the draft New Noosa Plan generally identifies all
but the cleared portions of the site as an Area of Biodiversity Significance and having Matters of
State Environmental Significance (MSES) Environmental Values. These are shown as the green
and dotted areas respectively in Figure 1 below.
Figure 1 – New Noosa Plan Biodiversity Overlays
Staff advise that these provisions provide significant constraints on further development on the site
beyond the existing development footprint.
Also of critical importance is the recently amended State Koala Conservation Plan mapping, which
supports implementation of the South East Queensland Koala Conservation Strategy. New mapping
released in April this year now includes the site in a Koala Priority Area and shows Core Koala
Habitat Area present on the site. These areas are shown as the hatched and green areas
respectively in Figure 2.
Figure 2 – New State Koala Conservation Plan Mapping (April 2020)
Page 5 of 17
Section 6
ORDINARY MEETING AGENDA 16 JULY 2020
Strict vegetation clearing restrictions prohibit clearing of koala habitat areas within Koala Priority
Areas. As such, future development is limited to the existing cleared footprint of the former TAFE
campus.
The protections of the site under Federal (threatened species), State and Council statutory
provisions now provide significant protection of the site’s environmental values. Council’s decision
to pursue negotiations to purchase the site occurred nearly two years ago and at this time the
comprehensive environmental protections referenced above were not in place.
Purchase Negotiations and Native Title
At Council’s Special Meeting on 31 August 2018, Council agreed for staff to continue negotiations
with the state regarding the future of the site. Subsequently, at Council’s Ordinary Meeting on 20
December 2018, Council resolved to continue to negotiate and if successful purchase the site for a
sum not greater than $1.7M, with funds to be sourced from a mix of Environment Levy and general
cash reserves. Following the meeting Council wrote to the State formally offering to purchase the
site for $1.7M.
As contractual negotiations commenced with the state they disclosed that Native Title still applied to
the site as a result of the State not submitting a Native Title assessment when the site was converted
from a reserve to freehold in 2006, which is a requirement under the Native Title Act 1993. The
implications of this disclosure is Council required the State to validate the grant of freehold over the
site by entering into an Indigenous Land Use Agreement (ILUA) with the Traditional Owners, the
Kabi Kabi First Nation people, prior to the purchase proceeding. These negotiations due to their
complexities can be protracted with indefinite completion timeframes.
Notwithstanding the issues noted above Council prior to the election continued to work with the State
on an Option to Purchase Agreement to reflect the parties’ intention to proceed with the purchase.
However, Council now finds itself in a continuing impasse with unknown completion timeframes and
increased contractual complexity in addition to the new COVID environment. As part of its due
diligence investigations and evidence based decision making process, Council has also
commissioned updated building condition assessments, property valuations, economic feasibility
and market rental assessments.
Potential Uses and Future Tenure
Previous Council pre-feasibility assessment of the site indicated a range of potential end users and
outcomes that would have reduced financial risk to ratepayers. However, staff now advise available
options have since reduced as a result of new development constraints and environmental
protections on the site. Consultants were commissioned to undertake a Strategic Land Use Options
Assessment to assess feasibility in detail. Brief commentary on these options is provided below.
Aged Care / Retirement – Previous indications were Noosa’s aging population was expected to
provide the most likely need/demand for the site, with an area of regrowth vegetation at the southeast
of the site (toward the Cooroy-Noosa Road frontage) identified as an opportunity for expanded
development footprint. Clearing for development in this area is now prohibited and the remaining
campus footprint, which is surrounded by vegetation and has only a single access and egress route,
would be unlikely to be feasible, particularly as this use requires very high levels of bushfire safety.
Tewantin Cemetery Expansion
Expansion of the Tewantin Cemetery to meet future needs was also identified as a potential outcome
for the adjoining land in the south eastern portion of the site but is no longer an option due to
environmental and clearing constraints.
Council Depot
The site provides insufficient hardstand or further developable areas to support relocation of
Council’s depot, which is currently considerably larger.
Page 6 of 17
Section 7
ORDINARY MEETING AGENDA 16 JULY 2020
Council Administration
Relocation of Council’s chambers and administration building in Tewantin would not yield community
benefits because Council does not own the land on which the existing building is located. This land
is owned by the State Government and is a reserve for Local Government Civic and Recreation.
Accordingly, proposed uses for other purposes are not permitted. Furthermore, relocation of Council
functions would withdraw Council’s workforce from the Tewantin business district, which is vital to
the success of many businesses in Tewantin.
Commercial Tenants
There may be potential for commercial business use of the campus for a tenant that does not require
a location within an activity cluster but the site’s current and proposed Community Facilities zonings
do not provide support for these and planning scheme conflicts would need to be addressed.
Large Education Providers
Limited opportunity appears to exist in the university or Vocational Employment and Training (VET)
sectors but there has been a number of independent schools express interest in the facility. The
specific educational layout and elements of the campus still suggest education to be the most
suitable use of the facility. Staff have advised that informal education approaches have been made
by the following groups:
Montessori Noosa
Arethusa College
Sage Music Academy
Black Rock Productions (Arts and Hospitality Training)
Further general enquiries from other independent schools regarding establishing in the Noosa area,
including Steiner Education Australia and Green School International.
Council also supports the Noosa Education and Training Alliance (NETA), which is collaboration of
education and training providers. NETA is currently investigating the feasibility of a locally based
education hub and there may be potential for this to be supported on the site through a range of
models.
Community Groups
Various community uses have been suggested by local residents but there is still no apparent or
pressing need for community group use or to expand Noosa’s community facilities at this site.
Community group use of the site would require substantial ratepayer subsidisation.
Subdivision
Subdivision of the site is not feasible due to the site’s biodiversity and bushfire constraints.
In light of the constraints to expanded development on the site, the Use Options Analysis finds:
The size and layout of the buildings would suit very limited uses and the commercial risks to Council
and ratepayers from managing the site as a rental property are significant. The current economic
environment will also make it more difficult to locate a suitable tenant. … it is recommended that
Council act in a facilitation role only in the potential transfer of the site to interested parties from the
State Government.
Staff indicate that the adoption of a facilitation role, rather than continue to negotiate a purchase,
would allow the State to proceed straight to a lease with a suitable tenant and is now likely to provide
the timeliest outcome for activation of the site.
Page 7 of 17
Section 8
ORDINARY MEETING AGENDA 16 JULY 2020
Financial Considerations
The impacts of the COVID-19 pandemic on Council’s finances has required Council to make many
difficult decisions about priorities and spending, including the competing importance of new projects.
The 2020/21 adopted budget includes an operating deficit for the first time in many years, and careful
management will be required over the next 2 years to return to the budget to surplus.
Staff have also commissioned updated building condition assessments and an economic feasibility
assessment which indicate the purchase of the site would involve capital expenditure comprising
estimated upfront building repairs of $1 million and forecast building renewals to 2030 of
approximately $7 million. Expected market rents that could be achieved by leasing the site of would
be overwhelmingly offset by annual depreciation and maintenance costs, requiring a general rate
increase of between 1.5% and 2% to ensure Council’s bottom line was not impacted.
Clearly these capital cash outflows and expenses go well beyond what could be considered a minor
or low-risk project and would add an unnecessary burden to ratepayers already financially
challenged in the current environment.
In regard to purchase price, it is important to note that the cost of purchase for the site is only a minor
component of the whole-of-life cost of owning the facility. Even if the site was gifted to Council a
general rate increase would still be required.
Conclusion
Community interest in the former Tewantin TAFE site has been driven by a desire to see this
important community asset reactivated and reused. That desire is shared by Member for Noosa,
Sandy Bolton who has expended considerable effort to date to realise these aims. Council is very
appreciative of all of the hard work and dedication by the Member for Noosa in pursuing this issue
on behalf of Council and the Noosa community.
Council has acted in good faith in continuing to negotiate to purchase the site from the State but,
unfortunately, negotiations have become increasingly protracted and complex, with timeframes and
outcomes still uncertain.
Previous Council’s interest in purchasing the site was driven by Council’s desire to protect the
environmental values of the site from private purchase and development and also delivering on the
community’s desire to see the site reused and reactivated. Given the environmental values of the
site are now protected there is now no longer a compelling need to proceed with the purchase to
safeguard the site’s future. The argument for not purchasing the site has recently become more
persuasive given Council’s finances have been severely impacted by the COVID-19 pandemic, with
those impacts now likely to be felt for a number of years within this community.
Whilst timeframes for sale of the site remain uncertain, there is an opportunity for the State to explore
tangible opportunities to provide a lease direct to a tenant to allow prompt reactivation of the facility.
This appears to be the most expedient course of action to avoid further delays. Interest has been
expressed by a number of education and training organisations and such uses still appear to be the
best fit for the buildings.
The interests of the Noosa community are now best served by Council formally withdrawing from
purchase negotiations and advocating for and assisting the State to activate the site via a suitable
end user. We must as we have said, save where we can to spend where we must. Sometimes the
best deals you make are the ones you never enter into. In this instance, it would be prudent to
suggest that was in fact the case.
16 July 2020
.......................................................................... ......................................................................
Cr Clare Stewart Date
Page 8 of 17
Section 9
ORDINARY MEETING AGENDA 16 JULY 2020
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 9 of 17
Section 10
ORDINARY MEETING AGENDA 16 JULY 2020
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
7 JULY 2020 - Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart and Tom Wegener
Other Councillors in attendance: Crs Amelia Lorentson, Frank Wilkie and Joe Jurisevic
1 COUNCILLOR REPRESENTATION ON CLIMATE EMERGENCY AUSTRALIA STRATEGIC
ADVISORY GROUP
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Wegener
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
for further consideration.
Carried unanimously.
2 MCU19/0017.01 & RAL19/0004.01 – MINOR CHANGE TO DEVELOPMENT APPROVAL
FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE, COMMERCIAL BUSINESS - TYPE 2
MEDICAL & ANCILLARY DWELLING UNIT & RECONFIGURATION OF A LOT – ACCESS
EASEMENT AT 36 & 40 HOFMANN DRIVE, NOOSAVILLE
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stewart
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 July 2020 regarding Application No. MCU19/0017.01 &
RAL19/0004.01 to make a minor change to a development approval for Material Change of
Use - Ancillary Dwelling Unit, Commercial Business - Type 1 Office, Commercial Business -
Type 2 Medical and Reconfiguration of a Lot – Access Easement situated at 36 & 40 Hofmann
Dr, Noosaville and:
A. Approve a change to Condition 2 to read as follows:
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans listed within this Decision Notice. The approved plans are
listed in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA-00.00 19 Cover Sheet, prepared by thomson adsett, 08.06.2020
prepared by thomson adsett
DA-10.12 3 Site Context Plan – Adjusted Boundary, prepared 12.03.2020
by thomson adsett
DA-21.10 27 Basement Floor Plan, prepared by thomson 12.03.2020
adsett
DA-21.20A 40 Ground Floor Plan, prepared by thomson adsett 08.06.2020
Page 10 of 17
Section 11
ORDINARY MEETING AGENDA 16 JULY 2020
DA-21.21 27 Level 1 Plan, prepared by thomson adsett 08.06.2020
DA-21.22 21 Level 2 Plan, prepared by thomson adsett 08.06.2020
DA-21.30 16 Roof Plan, prepared by thomson adsett 12.03.2020
DA-30.10 19 Elevations, prepared by thomson adsett 08.06.2020
DA-31.10 17 Sections, prepared by thomson adsett 08.06.2020
DA-31.11 11 Sections, prepared by thomson adsett 08.06.2020
DA41.01 9 Perspective Renders, prepared by thomson 12.03.2020
adsett
DA-41.02 10 Perspective Renders, prepared by thomson 12.03.2020
adsett
D-02391.01-C Change to Carparking & Proposed Easements, 12.09.2019
prepared by Martoo Consulting
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
3 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – PROJECT
MANAGEMENT PLAN
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Wegener
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
Carried unanimously.
4 YUROL RINGTAIL ENVIRONMENTAL PROJECT
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) due to the fact as a Sole Trader in his business Watershed Australia, he
has both been contracted by, and had subcontracted officers of, Noosa and District Landcare prior to
becoming a Councillor. This included undertaking a paid 2 day consultancy facilitating a meeting of
Landcare members in 2015 and also subcontracting Landcare for a project. Cr Stockwell advised that
there was no nexus between the work he had undertaken for Landcare prior to him becoming a
Councillor and the matter before Council. Cr Stockwell is also an ordinary member of the group with
long standing association including as a Council representative that assisted in its foundation in 1989.
Cr Stockwell advised of his collegial relationships dating back to the 1980s with members of Landcare,
his professional roles as a State Government public servant liaising with Landcare through those roles
and his relationship with members of the current Landcare Committee. 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.
Page 11 of 17
Section 12
ORDINARY MEETING AGENDA 16 JULY 2020
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Finzel
That Cr Stewart be appointed as Acting Chairperson of the meeting for this item for the purpose of
considering the conflict of interest declaration by Cr Stockwell.
Carried unanimously.
Cr Stockwell did not vote on the above motion.
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 Stewart
Seconded: Cr Wegener
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 unanimously.
Cr Stockwell did not vote on the above motion.
Cr Stockwell resumed the Chair.
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Finzel
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
due to the significance of the issue.
Carried unanimously.
Recommendation
The Planning & Environment Committee recommendations dated 7 July 2020 be adopted except
where dealt with or held over by separate resolution.
Page 12 of 17
Section 13
ORDINARY MEETING AGENDA 16 JULY 2020
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
7 JULY 2020 - Crs Joe Jurisevic (Chair), Amelia Lorentson, Frank Wilkie and Clare Stewart
Other Councillors in attendance: Crs Karen Finzel, Tom Wegener and Brian Stockwell.
1 GO NOOSA – CHRISTMAS 2019/20 PEAK PERIOD TRAFFIC MANAGEMENT
EVALUATION
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Stewart
That Council note the report by the Project Manager and Project Officer Transport Innovation
to the Services and Organisation Committee Meeting dated 7 July 2020 regarding Go Noosa
– Christmas 2019-2020 and note that a further report will be brought to Council on
recommendations for managing peak period traffic for the remainder of 2020 and the 2020/21
Christmas Holidays.
Carried unanimously.
2 COMMUNITY DISASTER RESPONSE AND RECOVERY GRANTS – COVID-19
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Lorentson
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 7 July 2020 providing an update on the allocations of
funding under the Community Disaster Response and Recovery Grants for COVID-19.
Carried unanimously.
3 NOOSA CULTURAL PLAN 2019 – 2023 – IMPLEMENTATION UPDATE
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Stewart
That Council note the report by the Acting Libraries and Galleries Manager to the Services &
Organisation Committee Meeting dated 7 July 2020 and endorse the Noosa Cultural Plan
2019-2023 - 2020/21 Action Plan included at Attachment 3, subject to budgetary capacity.
Carried unanimously.
Recommendation
The Services & Organisation Committee recommendations dated 7 July 2020 be adopted except
where dealt with or held over by separate resolution.
Page 13 of 17
Section 14
ORDINARY MEETING AGENDA 16 JULY 2020
GENERAL COMMITTEE RECOMMENDATIONS
13 JULY 2020 - Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Clare Stewart, Brian Stockwell and Tom Wegener
1 COUNCILLOR REPRESENTATION ON CLIMATE EMERGENCY AUSTRALIA STRATEGIC
ADVISORY GROUP
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Jurisevic
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 7 July 2020 and support the nomination of Councillor Stockwell
to represent Queensland on the Climate Emergency Australia Strategic Advisory Group.
Carried unanimously.
2 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – PROJECT
MANAGEMENT PLAN
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Lorentson
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee meeting dated 7 July 2020 and:
A. Approve the Project Management Plan (provided as Attachment 1 to the report) as
meeting the requirements of the Project Implementation Plan outlined in the Alliance &
Funding Agreement; and
B. Note the Terms of Reference of the Noosa River Oyster Restoration Project Technical
Advisory Group (provided as Attachment 2 to the report); and
C. Establish a Noosa River Stakeholder Reference Group to provide strategic input, local
knowledge and expertise into River Management initiatives, initially providing input into
this Shellfish Restoration project and more broadly into finalisation and implementation
of the Noosa River Plan, and
D. Delegate to the CEO to determine the Terms of Reference and undertake a process to
establish the Noosa River Stakeholder Reference Group together with the appropriate
role for Councillor representation on that Group.
For: Crs. Stockwell, Wegener, Jurisevic and Wilkie
Against: Crs. Stewart, Lorentson and Finzel
Carried.
Page 14 of 17
Section 15
ORDINARY MEETING AGENDA 16 JULY 2020
3 YUROL RINGTAIL ENVIRONMENTAL PROJECT
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) due to the fact as a Sole Trader in his business Watershed Australia, he
has both been contracted by, and had subcontracted officers of, Noosa and District Landcare prior to
becoming a Councillor. This included undertaking a paid 2 day consultancy facilitating a meeting of
Landcare members in 2015 and also subcontracting Landcare for a project. Cr Stockwell advised that
there was no nexus between the work he had undertaken for Landcare prior to him becoming a
Councillor and the matter before Council. Cr Stockwell is also an ordinary member of the group with
long standing association including as a Council representative that assisted in its foundation in 1989.
Cr Stockwell advised of his collegial relationships dating back to the 1980s with members of Landcare,
his professional roles as a State Government public servant liaising with Landcare through those roles
and his relationship with members of the current Landcare Committee. 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 Jurisevic
Seconded: Cr Wegener
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.
For: Crs. Jurisevic, Wegener and Wilkie
Against: Crs. Lorentson, Finzel and Stewart
Carried on the casting vote of the Chair.
Cr Stockwell did not vote on the above motion.
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stockwell
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 7 July 2020 regarding the Yurol Ringtail Environmental Project and:
A. Note that the project remains on track with all milestones to date being met;
B. Authorise the CEO to continue negotiations between the existing project partners and
Greenfleet as outlined in the report and further, advise the State government that Council
supports “in principle’ the proposal by Greenfleet to undertake environmental
remediation work in the Yurol Ringtail project area; and
C. Note that the CEO will provide a further report to Council once those negotiations are
further advanced outlining details of any changes required to existing contracts.
Carried unanimously.
Page 15 of 17
Section 16
ORDINARY MEETING AGENDA 16 JULY 2020
4 UPDATE ON COUNCIL GRANT FUNDING ALLOCATIONS
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 13 July 2020 and endorse the various projects submitted to the State and
Commonwealth governments for funding as set out in the report.
Carried unanimously.
5 FINANCIAL PERFORMANCE REPORT – JUNE 2020 INTERIM POSITION
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Lorentson
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 13 July 2020 outlining interim 2019/20 full year financial performance against
budget, including key financial sustainability indicators.
Carried unanimously.
6 152006.1999.4 – PLANNING & ENVIRONMENT COURT APPEAL NO. BD1605 OF 2020
REGARDING REFUSAL OF APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT
APPROVAL TO RECONFIGURE A LOT (52 LOTS & PARK) AT 191 HOLLETT RD,
NOOSAVILLE
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 13 July 2020 regarding Planning & Environment Court Appeal No.
BD1605 of 2020 and:
A. Agree to allow the appeal as the proposed changes to the subdivision plan would be an
improved outcome for the site in comparison with the approved subdivision plan given
the changes reduce the development’s footprint and number of lots from 52 to 40; and
B. Note that in relation to the four other current Planning & Environment appeals over the
site, allowing this appeal would not undermine these appeals or Council’s position that
further any subdivision of the land is inappropriate and fundamentally conflicts with the
Noosa Plan and the State’s planning requirements for the site.
Carried unanimously.
Recommendation
The General Committee recommendations dated 13 July 2020 be adopted except where dealt with
or held over by separate resolution.
Page 16 of 17
Section 17
ORDINARY MEETING AGENDA 16 JULY 2020
9 ORDINARY MEETING REPORTS
Nil.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
The next Ordinary Meeting will be held on 20 August 2020 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
Page 17 of 17