GENERAL COMMITTEE MEETING REPORT - 14 AUGUST 2023 · Committee to Council report

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ORDINARY MEETING                                                                      17 AUGUST 2023


I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as in
early 2020, I received an electoral donation of $500 from Susan Francis. Susan Francis is the partner
of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach Community Association
(PBCA). The PBCA has made submissions requesting council address illegal encroachments.
Neither I nor the PBCA stand to gain personally or materially through the introduction of this shire-
wide policy however I make this declaration out of an "abundance of caution” given the possible
scope and interpretation of Conflict of Interest rulings. Although I have a declarable conflict of
interest, I believe I can make an impartial decision in the public interest in this matter and l therefore
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.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter due to
my long standing connection with Noosa District Landcare as one of the inaugural members of the
unincorporated group dating back to the 1980s and a current ordinary member. Noosa District
Landcare is identified as being consulted in the report. Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias considering the
community nature of this relationship. I believe I can make an impartial decision in the public interest
in this matter and l therefore 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.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
declaration to the meeting of a declarable conflict of interest in this matter.
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as during
my 2020 Future Noosa Election Campaign I received an electoral donation of $1666.66 from Mr
Peter Butt who sits on the Executive Committee of Eastern Beaches Protection Association (EBPA).
The EBPA has provided feedback on the Eastern Beaches Foreshore Reserves Management Plan.
The Office of the Independent Assessor and legal advice has indicated the Eastern Beaches
Foreshore Reserves Management Plan is not Ordinary Council business because it relates to a
specific geographical area and given links to groups who have made submission to it ought to be
declared. I will now leave the meeting room while the matter is discussed and voted on.

That Council note the report by the Environment Officer – Coastal Management to the Planning &
Environment Committee meeting dated 8 August 2023 regarding the Eastern Beaches Foreshore
Reserves Management Plan and community consultation and:
A.     Note the community input received during the public consultation period for the draft Eastern
Beaches Foreshore Management Plan and Council's proposed response;
B.        Approve the revised Eastern Beaches Foreshore Reserves Management Plan for
implementation - provided at Attachment 1; and
C. Authorise the Chief Executive Officer to make minor changes or amendments to the document
prior to publishing on Council's website, including reinstating the words "taking a zero tolerance" in
Action Item 16.1 so that it reads: "taking a zero tolerance and timely enforcement approach to any
new encroachments."
D.     That Council demonstrate its commitment to dune protection by erecting a large sign in the
cleared area in front of 70 Lorikeet Drive Peregian Beach and further erect wind erosion protection
fencing for the full frontage.


5.2.    MCU22/0039 – APPLICATION FOR MATERIAL CHANGE OF USE - RELOCATABLE
HOME PARK (COMMUNITY AND AFFORDABLE HOUSING - 32 DWELLINGS) AT 55 AND 70
CARPENTERS RD, COOROY
       (Referred from Planning and Environment Committee dated 8 August 2023 - Item 5.2)
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 August 2023 regarding Application No. MCU22/0039 for a Development
Permit for Material Change of Use – Relocatable Home Park (Community & Affordable Housing),
situated at 55 & 70 Carpenters Rd Cooroy and
A. Refuse the application for the following reasons:

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ORDINARY MEETING                                                                       17 AUGUST 2023


1. The proposed development is contrary to Section 3.2.2 of the Strategic Intent and Sections
3.3.1(b), (f) and 3.3.3 (a), (b), (c), (d), (e), (f) and (k) of the Strategic Outcomes of the Noosa Plan
2020 as:
   a. The proposed development is located outside the Urban Boundary, intrudes into a rural
      residential area, and does not integrate well with the existing settlement pattern and the
      broader urban areas of the Cooroy community.
   b. The land is not suited or designated for the proposed housing form.
   c. The land is located in the vicinity of industrial land uses and industrial zoned land that has
      the potential to impact the amenity of residents.
   d. The proposed development is likely to inhibit the development and future use of 70
      Carpenters Road and land zoned Low Impact Industry in Jarrah Street due to potential
      reverse amenity impacts.
   e. The proposed development will need to provide its own infrastructure and is located outside
      the Priority Infrastructure Area.
2. The proposed development is contrary to Overall Outcomes 2(b), (j), (l), (p), and PO14 of the
Local Plan Code for Cooroy which details that development is to be limited to land within the urban
boundary. The site is located outside the urban boundary and does not respond or integrate well
with Cooroy’s country town feel, with attached housing planned close to the town centre and low to
medium density semi-attached housing dispersed through existing residential neighbourhoods.
3. The proposal is contrary to the Rural Residential Zone Code as the development will not result in
a high level of amenity for residents and it does not achieve the zoning intent for houses on larger
lots.
4. The proposal is contrary to the Overall Outcomes 2(c), (d), (f), (g) and (h) and PO1, AO1.1, AO1.2,
AO1.3, AO1.4, PO4, AO4, PO6, PO7 and PO9 of the Special Residential Zone Code as:
   a. The proposal does not have reasonable access to a variety of essential services and
      facilities, including retail, commercial, social and medical facilities and public transport.
   b. The proposal is not located so as to avoid conflicts with surrounding land uses.
   c. The proposal is of a high density that is not compatible with the zoning intent and the
      preferred character of the area.
       The proposal is of a design, layout and intensity that will not integrate with the broader
      neighbourhood and allow residents to interact with the wider community.
   d. The proposed development is not appropriately sited and designed in a manner that is
      compatible with the developed character of the area.
5. The proposal does not meet PO6 of the Driveways and Parking Code as the proposal provides
no car parking for likely visitors to the development.
6. The proposal has not demonstrated that safe and satisfactory roadway configuration is achievable
to the site from the Carpenters Road and Mary Street/ Jarrah Street roundabout.
7. The proposal does not meet PO6 of the Bushfire Hazard Overlay Code as it has not been
demonstrated that an efficient and safe evacuation route is available to residents and that emergency
vehicles can access the site.
8. The proposal is not consistent with actions A5.3.1 to A5.3.6, A5.6.2, A5.6.3, and A5.7.2 of the
Noosa Housing Strategy 2022 as:
   a. The land is not located within the urban boundary and is more than 400m from the town
      centre, school and public transport.
   b. The land is located where it would have a reverse amenity impact on industrial business
      and land committed for industrial purposes.
   c. The proposal is not well integrated within the community and is clustered in an isolated
      area.
9. The proposal is unlikely to satisfactorily deliver the social outcomes sought as:

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ORDINARY MEETING                                                                    17 AUGUST 2023


   a. The land is not suited for the proposed development it has poor accessibility, adjoins
      industrial land and is not well connected to services.
   b. The proposal has not been designed to integrate well with the neighbourhood and within
      the community with driveways extending around the permitter of the site and the density not
      consistent with the surrounding character.
   c. The applicant has provided no clear mechanisms that can be conditioned through a
      development approval to achieve the proposed social/affordable housing outcomes.
10. The applicant has not demonstrated that the proposed development will not interfere with koala
habitat mapped by the state as being Core Koala Habitat Area or that the works in this area are
considered exempt works.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


5.3.   THE ECONOMIC DEVELOPMENT GRANTS POLICY REVIEW
       (Referred from Planning and Environment Committee dated 8 August 2023 - Item 5.3)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter due to
my long standing connection with Noosa District Landcare as one of the inaugural members of the
unincorporated group dating back to the 1980s and a current ordinary member. Noosa District
Landcare is identified as being consulted in the report. Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias considering the
community nature of this relationship. I believe I can make an impartial decision in the public interest
in this matter and l therefore 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 Economic Development Officer to the Planning & Environment
Committee Meeting dated 8 August 2023 and
A.      Note the Economic Development Grants Review Report, provided at Attachment 1 to the
report;
B.    Approve the amended Economic Development Grants Policy, provided at Attachment 2 to the
report; and
C.    Authorise the Chief Executive Officer to conduct future rounds of the Economic Development
Grant Program in accordance with the amended Policy.
D.      Request the CEO report quarterly on the status of grant applications received during that
quarter.

6.1. CONTRACT NO. CN00315 - FLOOD RECONSTRUCTION - PACKAGE 10 - STORMWATER
INFRASTRUCTURE REPLACEMENTS
That Council note the report by the Disaster Reconstruction Coordinator to the General Committee
Meeting dated 14 August 2023 and:
   A. Award Contract No. CN00315 for Flood Reconstruction - Package 10 - Stormwater
      Infrastructure Replacements to SGQ Pty Ltd; and
   B. Authorise the CEO to negotiate the final Contract with SGQ Pty Ltd; and
   C. Authorise the CEO to amend the contract up to 11.5% of the total contract value.

6.2. DRAFT WASTE PLAN 2023-2028
That Council note the report by the Manager Waste and Environmental Health to the General
Committee Meeting dated 14 August 2023 and adopt the From Waste to Resource Draft Waste Plan
2023 – 2028 for further community consultation.

6.3. FINANCIAL PERFORMANCE REPORT – JULY 2023
That Council note the report by the Manager Financial Services (Acting) to the General Committee

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ORDINARY MEETING                                                                    17 AUGUST 2023


Meeting dated 14 August 2023 outlining July 2023 year to date financial performance against budget,
including changes to the financial performance report with the inclusion of key financial sustainability
indicators.

6.4. BUDGET REVIEW 1 (BR1) FOR THE 2023/24 FINANCIAL YEAR
That Council note the report by the Manager Financial Services (Acting) to the General Committee
Meeting dated 14 August 2023 and
A. approve the proposed changes to the Budget and Schedule of Fees and Charges for the 2023/24
financial year as outlined in the Revised Budget Financial Statements provided in Attachments 1 - 5
to the report.
B. Pursuant to section 192 of the Local Government Regulation 2012, adopt for the 2023/24 financial
year the updated Debt Policy, which is provided as Attachment 6 to the report.

6.5. OPERATIONAL PLAN 2022-23 Q4 QUARTERLY REPORTING
That Council note the report by the Chief Executive Officer (Acting) to the General Committee
Meeting dated 14 August 2023 regarding the 2022-23 Operational Plan and:
   A. Note the progress report for the Q4 2022-2023 Operational Plan to 30 June 2023 provided
      as Attachment 1; and
   B. Note the status of Council's Key Performance Indicators provided as Attachment 2.

Committee Recommendation
That the report of the General Committee Meeting dated 4 August 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.