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Meeting minutes
MINUTES
Ordinary Meeting
Thursday, 16 November 2023
5:00 PM
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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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
1. ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Clare Stewart (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Brian Stockwell
Cr Tom Wegener
Cr Frank Wilkie
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Community Services Kerri Contini
Director Corporate Services Trent Grauf
Director Strategy and Environment Kim Rawlings
Director Development & Regulation Richard MacGillivray
Acting Director Infrastructure Services Shaun Walsh
APOLOGIES
Nil.
Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Amelia Lorentson
That in accordance with Section 254K of the Local Government Regulation, Cr Wilkie
and Cr Finzel are approved to attend the Meeting dated 16 November 2023 via
Microsoft Teams.
Carried unanimously?
2. CONFIRMATION OF MINUTES
2.1. ORDINARY MEETING 26 OCTOBER 2023
Council Resolution
The following was presented to the meeting in relation to this item:
Cr Stockwell – refer to 2023-11-16 Attachment 1 to the Minutes - Cr
Stockwell - Public Statement
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
The Minutes of the Ordinary Meeting held on 26 October 2023 be received and
confirmed.
Carried unanimously.
3. MAYORAL MINUTES
Nil.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
4. PETITIONS
Nil.
5. NOTIFIED MOTIONS
Nil.
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
11. PUBLIC QUESTION TIME
11.1. DEBRA WALZ
Question 1.
Given everything we know about the toxicity of fluoride, and Noosa Council being
only one of 21 councils of 77 councils across the State of Qld, that has adopted
the inclusion of fluoride in the town water supply, was there any community
consultation prior to fluoride being included, if so, when and how?
Answer provided by Richard MacGillivray, Director Development and
Regulation
Queensland Health advise that fluoridation of drinking water is the most effective
community-wide means of reducing tooth decay. Water fluoridation at optimal
levels remains one of the most significant oral health programs in Australia and is
supported by peak health bodies including;
National Health and Medical Research Council,
Australian Dental Association,
Australian Medical Association and
the World Health Organisation.
Queensland Health confirm that approximately 72% of Queenslanders receive
fluoridated drinking water. Fluoride is added to drinking water because it
strengthens tooth enamel and reduces tooth decay. The Department of Health is
responsible for encouraging councils in Queensland to add fluoride to drinking
water as well as strictly monitoring the quality and safety of potable water under
state law and national guidelines. Fluoridation in Queensland is regulated in
accordance with the Water Fluoridation Act 2008 and Water Fluoridation
Regulation 2008. The State Government has since devolved powers to each local
government in Queensland to be able to make the decision whether or not the
town water supplies within their area are fluoridated. Noosa’s water is treated by
the region’s bulk water authority Seqwater, including the addition of fluoride and
is then distributed to customers throughout the region by Unitywater. It is relevant
to note that the full costs to reverse any decision to fluoridate the water supply
must be borne by the relevant local council and ratepayers. I am aware that Noosa
along with Moreton Bay and Sunshine Coast Council’s, within Unitywater's service
area, have not made a decision under section 103 of the Water Fluoridation Act
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
2008 to cease adding fluoride to the water supply and no community consultation
has occurred with regard to this subject.
Question 2.
Is Council aware of the numerous scientific studies that explain the detrimental
health consequences of the addition of fluoride eg enzyme inhibitor, neuro toxin,
dental fluorosis, osteoporosis, plus many more, in town water and do you believe
the addition of fluoride in town water should be forced on people without consent?
Answer provided by Richard MacGillivray, Director Development and
Regulation
Council is aware there are a range of different viewpoints and research involving
accredited, unaccredited and independent studied into the potential health
benefits and effects associated with the fluoridation of town water. Council relies
on advice from Queensland Health as the Government department responsible
for public health within our State to evaluate medical research from across the
Nation and Globe and to provide clear guidance to local governments and
communities on a range of public health matters including fluoride in water
supplies. Advice from Queensland Health states that “Local governments should
note that fluoridation has been proven as a safe, effective and ethical means of
preventing tooth decay, for people of all ages and not just for children. It is
supported by peak health bodies including the National Health and Medical
Research Council, the Australia Dental Association, the Australian Medical
Association and the World Health Organization. When considering whether
fluoridation is in the best interests of a community, Queensland Health
recommends local governments consider the significant oral health benefits that
are associated with drinking water fluoridation.” In relation to statement regarding
consent I would advise that councils are bound by the legislative framework which
must be adhered to when making decisions about the fluoridation of town water.
Council will fully adhere to its obligations in this regard.
11.2. NICK COOKE
Question 1.
Can council please confirm the total sum (in dollars) of council funding and grants
given to Zero Emissions Noosa since its inception in 2017?
Answer provided byKim Rawlings, Director Strategy and Environment
Since 2017 Zen Inc has been successful in gaining $226,675 across the 7 years
via various Council Community, Economic and Environment Grants and funding.
Question 2.
Since the proposed lithium ‘community batteries’ to be implemented by Noosa
Council lay outside the criteria of ‘assessable development’ under the Planning
Act 2016, can Council please confirm the type of application (if any), the criteria,
processes and any risk assessments you will be using to assess the proposed
batteries before their implementation?
Answer provided by Kim Rawlings, Director Strategy and Environment
Noosa Council, in partnership with Zero Emissions Noosa Inc. and Yarra Energy
Foundation (YEF), have been awarded $500,000 to install a community battery in
Noosaville. Pad mounted batteries of less that 15m2 are not categorised an
assessable development under Schedule 6 of the Planning Regulation. In
accordance with Noosa Council’s Risk Management and Opportunity Framework,
the Community Battery Project has been subject to number of assessments to
identify and assess the risks across the lifecycle of the battery deployment. These
assessments have considered the technology, site assessments, planning and
environment, safety, cost.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
11.3. SANIA BORIC
Question 1.
If a conservation park is declared over the existing FHA's, what extra powers
exactly does that give Council that you or State departments do not already have,
why is this necessary, or even a point for consideration IF the rivers health is at a
critical level as suggested and urgent action is required, which would be held up
with the need for further community consultation?
Answer provided by Kim Rawlings, Director Strategy and Environment
This is yet to be properly determined as the concept of a conservation park
established under the Nature Conservation Act (1992) in the same areas as the
declared Fish Habitat Area (FHA) of the Noosa River was subject to
comprehensive consideration and investigation to determine this. This is now on
hold and deferred until 2024.
Question 2.
Given that the Catchment falls within 3 different shires, one would assume that
there is already an in principle heads of agreement on the declaration of a
conservation park between the Shires; In terms of environmental and scientific
significance, how is it that the rest of the Noosa River does not rate as at risk? Is
there scientific evidence or an environmental report/ link that suggests that the
areas of the River outside of the FHA’s are not at risk and do not require to be
included into the Conservation Park?
Answer provided by Kim Rawlings, Director Strategy and Environment
While the catchment falls within three different shires, a very small proportion of
the Noosa River Catchment is shared with Gympie and Sunshine Coast. Council
however works with Sunshine Coast Council and Gympie Council on various
projects with broader catchment management considerations. The concept of a
Conservation Park over FHA was subject to investigation and was just one of
many other actions in the Draft Noosa River Catchment Plan which sought to
address a wide range of river and catchment management issues and
opportunities.
8. CONSIDERATION OF COMMITTEE REPORTS
8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 7 NOVEMBER 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Clare Stewart (Acting Chair)
Cr Karen Finzel (vi Microsoft Teams)
Cr Brian Stockwell
NON COMMITTEE MEMBERS
Cr Amelia Lorentson
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Development & Regulation Richard MacGillivray
Director Infrastructure Shaun Walsh
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
APOLOGIES
Cr Tom Wegener
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL
CHANGE OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA
DR, NOOSA HEADS
That Planning & Environment Committee Agenda Item 5.1 be referred to the
General Committee due to the significance of the issue.
5.2. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A
DEVELOPMENT APPROVAL FOR A ROADSIDE STALL TO INCLUDE A
FOOD AND DRINK OUTLET AT 201 MARY RIVER RD, COOROY
That Planning & Environment Committee Agenda Item 5.2 be referred to the
General Committee due to the significance of the issue.
5.3. MCU22/0209.01 - MINOR CHANGE TO A DEVELOPMENT PERMIT FOR
A MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT
515 COOROY NOOSA ROAD, TINBEERWAH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Lorentson, inform the meeting I have a declarable conflict of interest in this
matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since
November 2020 this property has been used for Short Term accommodation
rental. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias as I have no personal
relationship with the applicant, and although I have a STA property, I will not be
positively or negatively impacted by the decision. 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.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the declarable conflict of interest by Cr Lorentson and
determine that Cr Lorentson participates and votes on this matter because
Council believes that there is no personal relationship with the applicant and Cr
Lorentson will not be positively or negatively impacted by the decision so a
reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Lorentson did not vote on the above motion.
Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That Council note the report by the Senior Development Planner to the Planning
and Environment Meeting dated 7 November 2023 regarding Application No.
MCU22/0209.01 to make a minor change to an existing approval for a
Development Permit for a Material Change of Use – Short-Term Accommodation
situated at 515 Cooroy Noosa Rd, Tinbeerwah and:
A. Refuse the minor change application for the following reasons:
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
1. The proposed change does not constitute a minor change to the development
approval as the increase in the number of people on site constitutes ‘substantially
different development’, as the change will increase the severity of known impacts,
including noise and carparking.
2. The proposed development is inconsistent with the Overall Outcomes (2)(i)
and (j) and PO4 of the Rural Zone Code as accommodating 16 people and up to
16 vehicles on site is not considered ‘small scale’ in the context of the subject
site, locality and surrounding development and will likely impact on the rural
amenity and character of the area.
3. The proposed development is inconsistent with Overall Outcome (2)(f) and
PO25 of the Visitor Accommodation Code as the use of the premises to
accommodate 16 persons will unreasonably impact on the residential amenity of
the surrounding area due to the likely increase in noise to adjoining properties
and the scale of the use being incompatible with the character and uses within
the surrounding area.
B. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
Carried unanimously.
5.4. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL
CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT
AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE,
NOOSA HEADS.
That Planning & Environment Committee Agenda Item 5.4 be referred to the
General Committee as there is no quorum due to proposed conflict of interest
declarations.
5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. D154 OF 2023 -
ENFORCEMENT NOTICE ISSUED TO 1/5 ATTUNGA HEIGHTS, NOOSA
HEADS.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Lorentson, inform the meeting I have a declarable conflict of interest in this
matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since
November 2020 this property has been used for Short Term accommodation
rental. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias as I have no personal
relationship with the applicant, and although I have a STA property, I will not be
positively or negatively impacted by the decision. 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.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the declarable conflict of interest by Cr Lorentson and
determine that Cr Lorentson participates and votes on this matter because
Council believes that there is no personal relationship with the applicant and Cr
Lorentson will not be positively or negatively impacted by the decision so a
reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Lorentson did not vote on the above motion.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Manager Development Assessment to the
Planning & Environment Committee Meeting dated 7 November 2023 regarding
Planning & Environment Court Appeal No. D154 of 2023 and agree to continue
enforcement against Eugeniy Raiter and Catherine Dentsas to address the
current breaches of The Noosa Plan.
Carried unanimously.
5.6. PLANNING ENVIRONMENT COURT APPEAL NO D155 OF 2023
ENFORCEMENT NOTICE ISSUED TO 3/5 ATTUNGA HEIGHTS
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Lorentson, inform the meeting I have a declarable conflict of interest in this
matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since
November 2020 this property has been used for Short Term accommodation
rental. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias as I have no personal
relationship with the applicant, and although I have a STA property, I will not be
positively or negatively impacted by the decision. 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.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the declarable conflict of interest by Cr Lorentson and
determine that Cr Lorentson participates and votes on this matter because
Council believes that there is no personal relationship with the applicant and Cr
Lorentson will not be positively or negatively impacted by the decision so a
reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Lorentson did not vote on the above motion.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Manager Development Assessment to the
Planning & Environment Committee Meeting dated 7 November 2023 regarding
Planning & Environment Court Appeal No. D155 of 2023 and agree to continue
enforcement against Angela Dentsas and Vasilios Dentsas to address the
current breaches of The Noosa Plan.
Carried unanimously.
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
SEPTEMBER 2023
That Council note the report by the Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 7 November 2023 regarding
planning applications that have been decided by delegated authority.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Tom Wegener
That the report of the Planning and Environment Committee meeting dated 7
November 2023 be received and the recommendations therein be adopted
except where dealt with by separate resolution.
Carried unanimously.
8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 7 NOVEMBER 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Amelia Lorentson (Chair)
Cr Joe Jurisevic
Cr Frank Wilkie
NON COMMITTEE MEMBERS
Nil
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Acting Director Infrastructure Services Shaun Walsh
Director Corporate Services Trent Grauf
APOLOGIES
Cr Clare Stewart
COMMITTEE RECOMMENDATIONS TO COUCIL
5.1 SUNRISE SHOPS - SHOP 6 LEASE RENEWAL
That Council note the report by the Property Advisor - Commercial Property to
the Services & Organisation Committee Meeting dated 7 November 2023:
A. Approve the lease renewal to Cartor Pty Ltd for Shop 6, Sunrise Shops
for twelve (12) months commencing 28 April 2024.
B. Apply the exception to the requirement for tendering of the lease under
Section 236 (1) (c) (iii) of the Local Government Regulation as the lease
renewal is to the existing tenant.
6.1 CAPITAL PROGRAM 2023/24 DELIVERY STATUS
That Council note the report by the Acting Infrastructure Planning, Design &
Delivery Manager to the Services & Organisation Committee Meeting dated 7
November 2023 providing an update on the delivery of the 23/24 Capital
Program as at 30 September 2023.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That the report of the Services & Organisation Committee meeting dated 7
November 2023 be received and the recommendations therein be adopted
except where dealt with by separate resolution.
Carried unanimously.
8.3. GENERAL COMMITTEE REPORT - 13 NOVEMBER 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Joe Jurisevic (Acting Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
Cr Frank Wilkie (via Microsoft Teams)
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Corporate Services Trent Grauf
Director Strategy and Environment Kim Rawlings
Director Community Services Kerri Contini
Acting Director Infrastructure Services Shaun Walsh
Director Development & Regulation Richard MacGillivray
APOLOGIES
Cr Karen Finzel
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL
CHANGE OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA
DR, NOOSA HEADS (Referred from Planning & Environment Committee
dated 7 November 2023 - Item 5.1)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie
provided the following declaration to the meeting of a prescribed conflict of
interest in this matter:
I, Cr Wilkie inform the meeting that I have a prescribed conflict of interest in this
matter as the applicant, RACV resort, support the Noosa Arts Theatre with an
annual $2,500 sponsorship and I also serve as Noosa Arts Theatre President. As
a result of this conflict of interest, I will leave the meeting room while the matter is
decided.
Cr Wilkie left the meeting.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Lorentson, inform the meeting I have a declarable conflict of interest in this
matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since
November 2020 this property has been used for Short Term accommodation
rental. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias as I have no personal
relationship with the applicant, and although I have a STA property, I will not be
positively or negatively impacted by the decision. 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.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the declarable conflict of interest by Cr Lorentson and
determine that Cr Lorentson participates and votes on this matter because
Council believes that there is no personal relationship with the applicant and Cr
Lorentson will not be positively or negatively impacted by the decision so a
reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Lorentson did not vote on the above motion.
Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 7 November 2023 regarding Application
No. MCU22/0118 for a Development Permit for Material Change of Use - Short-
term accommodation, situated at 94 & 142 Noosa Dr, Noosa Heads and:
A. Refuse the application for the following reasons:
1. The proposed development has failed to demonstrate a significant planning
need to develop outside of Noosa Plan 2020's urban boundary, particularly at the
density and height proposed and is inconsistent with the local landscape
character. No overriding community benefit been demonstrated, which would
justify approval despite its conflict with the planning scheme.
2. Valid planning grounds have been raised by submitters that the proposal will
result in an unacceptable impact on the biodiversity of the locality. Further, the
development exceeds what a community member could reasonably expect to be
developed outside of the Urban Boundary and within the Environmental
Management and Conservation Zone.
3. The proposed development of the subject land is inappropriate, in
circumstances where:
(a) The proposed development seeks to expand the existing resort complex in
circumstances where part of that land is located outside of the urban boundary in
Noosa Plan 2020;
(b) The proponent seeks to utilise the land for Short-term accommodation, which
is an inconsistent use in the Environmental Management and Conservation zone;
(c) The proposed development is an overdevelopment of the land at the expense
of the natural values of the land, as the proposal would result in unacceptable
clearing of vegetation in an ecologically important and environmentally sensitive
area, including proposed development located on mapped Areas of Biodiversity
Significance, Matters of State Environmental Significance (MSES) Environmental
Values and Riparian Buffer Area under the Biodiversity, Waterways and Wetlands
Overlay and mapped Core Koala Habitat area;
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
(d) The stormwater treatment proposed is not of a sufficient size to achieve the
water quality objectives and protection of biodiversity areas required under the
Water Quality and Drainage Code.
(e) The built form of the proposed development is unacceptable, being slightly
over height in metres in the Tourist Accommodation zone and substantially over
height in metres and storeys in the Environmental Management and Conservation
zone.
In respect of the above, the proposed development is inconsistent with the
following provisions of Noosa Plan 2020:
(i) Strategic Framework – 3.2.2, 3.2.5, 3.3.1(b) and 3.3.4(b)(p);
(ii) Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b), (c),
(d), (e), (f), (g), (h) and (i) Table 8.2.23 PO1, PO3, PO6 and PO11;
(iii) Water Quality and Drainage Code – 9.4.82(2)(a) and (b) and Table 9.4.8.3
PO6;
(iv) Noosa Heads Local Plan Code – Overall Outcomes (2)(b)(d)(e) and (ad)
and Table 7.2.5.3 PO4, PO5, PO6 and PO26;
(v) Environmental Management and Conservation Zone Code – Overall
Outcomes (2)(a) and (b), Table 6.7.1.3 PO1, PO5, PO7, PO8, PO9, PO11 and
PO13;
(vi) Tourist Accommodation Zone Code - Table 6.3.4.3 PO9 and PO10.
4. When read as a whole, the South East Queensland Regional Plan 2017
(SEQRP) does not lend support to the proposed use of the land, as:
4.1. the SEQRP sets a long term, 50-year vision, establishing aspirations for the
region up to 2067. Given this, the timing and sequencing of urban development
occurring within the Urban Footprint is a finer grained detail, the planning for which
is implemented through local government planning schemes;
4.2. the designation of land as being within the Urban Footprint does not imply
that all that land with that designation can be developed for urban purposes; and
4.3. when assessed against Noosa Plan 2020, the proposed development is not
suitable for urban development.
5. The following relevant matters support refusal:
5.1. The proposed development will involve an unacceptable loss of vegetation
in a locality which is an ecologically important and environmentally sensitive and
serves as an important ecological linkage,
5.2. There is no planning, economic or community need for the proposed
development on the subject land.
5.3. Approval of the proposed development would not be in the public interest
as reflected in the provisions of Noosa Plan 2020 referred to in these reasons for
refusal.
B. That the CEO be requested to review the zone and urban boundaries as part
of a future review of the Planning Scheme; and
C. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
Carried unanimously.
Cr Wilkie returned to the meeting.
5.2. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A
DEVELOPMENT APPROVAL FOR A ROADSIDE STALL TO INCLUDE A
FOOD AND DRINK OUTLET AT 201 MARY RIVER RD, COOROY (Referred
from Planning & Environment Committee dated 7 November 2023 - Item 5.2)
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
Motion
Moved: Cr Tom Wegener
Seconded: Cr Brian Stockwell
That Council note the report by the Senior Development Planner to the Planning
& Environment Committee Meeting dated 7 November 2023 regarding Application
No. MCU21/0194.01 for an other change to a Development Permit for Material
Change of Use (Roadside Stall) to include a Food and Drink Outlet, situated at
201 Mary River Rd, Cooroy and:
A. App
rove, in part, only (with amended Condition 2) and part refusal.
B. Approve the change to Condition 2 as outlined in Attachment 1.
C. Refuse the Food and Drink Outlet component of the application for the
following reasons:
1. This element of the proposal does not advance the elements and strategies
of the South East Queensland Regional Plan as it does not value add to the site’s
on-farm agricultural activities.
2. This element of the proposal is contrary to the Intent and Outcomes of the
Strategic Framework, Section 3.3.1 (e) and Section 3.3.5 (h), (v) and (w) as:
a) The proposal is not a rural activity or a rural enterprise and such uses
are intended to be located in business centres to contribute to their vibrancy.
b) The proposal does not value add to the site’s rural activities, would be
the primary use on the site and is in no way ancillary to the approved roadside
stall.
c) The proposal predominantly caters to passing trade, largely locals in the
area, and has only a limited tourism focus.
3. This element of the proposal is not consistent with overall outcomes (b), (i)
and performance outcomes PO1, PO4 and PO8 of the Local Plan Code for
Cooroy as:
a) The proposed use is located outside the urban boundary and the Cooroy
town centre.
b) The proposed use will adversely interrupt the landscape character and
visual amenity of Mary River Road, being very different to uses envisaged in rural
areas of the Shire.
4. This element of the proposal is contrary to overall outcomes (a) & (l) and
performance outcomes PO1, PO5 & PO13 of the Rural Zone Code as:
a) The proposal is not a rural activity, it is an urban activity, and will not value
add to goods produced on site.
b) The proposal does not have an indelible connection to the rural or
ecological values of the site and is more appropriately located in an urban area.
c) There is no overriding community benefit for the food and drink outlet to
be located on the site, with no particular circumstances relevant that warrant the
proposal.
d) The proposal will detract from the scenic amenity of Mary River Road
being part of the major road network for the Shire.
5. This element of the proposal is contrary to performance outcomes PO1, PO2,
PO3, PO11, PO12, PO13 of the Business Activities Code as:
a) The proposal is a type of business activity that is at odds and is not
compatible with the purpose of the site’s rural zoning.
b) The proposal seeks to locate a business activity outside the business
centres shown in the Noosa Shire Centres Hierarchy.
c) The proposed food and drink outlet is a use that is not typically expected
to be found in the rural areas of the Shire.
d) The proposal is adversely impacting the amenity of nearby residents, with
its early and week-end operating hours, uncoordinated and uncontrolled
carparking on the road reserve and coffee shop customers coming and going from
the site.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
6. This element of the proposal is contrary to overall outcome (b) and
performance outcome PO6 of the Driveways and Parking Code and overall
outcome (e) and performance outcome PO16 of the Business Activities Code as
the proposed on-site car parking is insufficient to accommodate the number of
vehicles generated by the development.
D. Refuse to amend Condition 4 of the development approval for the following
reason:
7. The proposal is contrary to performance outcomes PO25 and PO26 of the
Rural Activities Code as the requested change includes the sale of food and
beverages that are not ancillary to a bona fide cropping or animal husbandry use
on site.
E. Refuse to delete Conditions 5 and 7 of the development approval for the
following reasons:
8. The proposal is contrary to performance outcomes PO25 and PO26 of the
Rural Activities Code as the request to delete these conditions relates to the
proposal for a food and drink outlet to operate from the site which is not supported.
Any provision for the tasting of foods and beverages proposed to be produced on
site would not be ancillary to a bona fide cropping or animal husbandry use on
site.
F. Advise the applicant that the food and drink outlet must cease operating from
the site within 24 months of the date of Council’s decision, with any unapproved
structures removed.
G. Advise the applicant that the roasting of coffee beans on site must cease
within 24 months of the date of Council’s decision, and to lodge a subsequent
code assessable development application for a Material Change of Use – Home-
based Business (coffee roasting).
H. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
I. Authorise the CEO to work with the applicant to find an appropriate location
for the food and drink outlet/bus.
For: Cr Wegener
Against: Crs Wilkie, Lorentson, Jurisevic, Stockwell, Stewart and Finzel
Lost.
Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
That Council note the report by the Senior Development Planner to the Planning
& Environment Committee Meeting dated 7 November 2023 regarding Application
No. MCU21/0194.01 for an other change to a Development Permit for Material
Change of Use (Roadside Stall) to include a Food and Drink Outlet, situated at
201 Mary River Rd, Cooroy and:
A. Approve, in part, only (with amended Condition 2) and part refusal.
B. Approve the change to Condition 2 as outlined in Attachment 1.
C. Refuse the Food and Drink Outlet component of the application for the
following reasons:
1. This element of the proposal does not advance the elements and strategies
of the South East Queensland Regional Plan as it does not value add to the site’s
on-farm agricultural activities.
2. This element of the proposal is contrary to the Intent and Outcomes of the
Strategic Framework, Section 3.3.1 (e) and Section 3.3.5 (h), (v) and (w) as:
a) The proposal is not a rural activity or a rural enterprise and such uses are
intended to be located in business centres to contribute to their vibrancy.
b) The proposal does not value add to the site’s rural activities, would be the
primary use on the site and is in no way ancillary to the approved roadside stall.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
c) The proposal predominantly caters to passing trade, largely locals in the area,
and has only a limited tourism focus.
3. This element of the proposal is not consistent with overall outcomes (b), (i)
and performance outcomes PO1, PO4 and PO8 of the Local Plan Code for
Cooroy as:
a) The proposed use is located outside the urban boundary and the Cooroy
town centre.
b) The proposed use will adversely interrupt the landscape character and visual
amenity of Mary River Road, being very different to uses envisaged in rural areas
of the Shire.
4. This element of the proposal is contrary to overall outcomes (a) & (l) and
performance outcomes PO1, PO5 & PO13 of the Rural Zone Code as:
a) The proposal is not a rural activity, it is an urban activity, and will not value
add to goods produced on site.
b) The proposal does not have an indelible connection to the rural or ecological
values of the site and is more appropriately located in an urban area.
c) There is no overriding community benefit for the food and drink outlet to be
located on the site, with no particular circumstances relevant that warrant the
proposal.
d) The proposal will detract from the scenic amenity of Mary River Road being
part of the major road network for the Shire.
5. This element of the proposal is contrary to performance outcomes PO1, PO2,
PO3, PO11, PO12, PO13 of the Business Activities Code as:
a) The proposal is a type of business activity that is at odds and is not compatible
with the purpose of the site’s rural zoning.
b) The proposal seeks to locate a business activity outside the business centres
shown in the Noosa Shire Centres Hierarchy.
c) The proposed food and drink outlet is a use that is not typically expected to
be found in the rural areas of the Shire.
d) The proposal is adversely impacting the amenity of nearby residents, with its
early and week-end operating hours, uncoordinated and uncontrolled carparking
on the road reserve and coffee shop customers coming and going from the site.
6. This element of the proposal is contrary to overall outcome (b) and
performance outcome PO6 of the Driveways and Parking Code and overall
outcome (e) and performance outcome PO16 of the Business Activities Code as
the proposed on-site car parking is insufficient to accommodate the number of
vehicles generated by the development.
D. Refuse to amend Condition 4 of the development approval for the following
reason:
7. The proposal is contrary to performance outcomes PO25 and PO26 of the
Rural Activities Code as the requested change includes the sale of food and
beverages that are not ancillary to a bona fide cropping or animal husbandry use
on site.
E. Refuse to delete Conditions 5 and 7 of the development approval for the
following reasons:
8. The proposal is contrary to performance outcomes PO25 and PO26 of the
Rural Activities Code as the request to delete these conditions relates to the
proposal for a food and drink outlet to operate from the site which is not supported.
Any provision for the tasting of foods and beverages proposed to be produced on
site would not be ancillary to a bona fide cropping or animal husbandry use on
site.
F. Advise the applicant that the food and drink outlet must cease operating from
the site within 3 months of the date of Council’s decision, with any unapproved
structures removed.
G. Advise the applicant that the roasting of coffee beans on site must cease
within 3 months of the date of Council’s decision, and to lodge a subsequent code
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
assessable development application for a Material Change of Use – Home-based
Business (coffee roasting).
H. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
I. Authorise the CEO to work with the applicant to find an appropriate location
for the food and drink outlet/bus.
J. That Council request the CEO to expedite an investigation into the feasibility
of the provision of a mobile coffee trader or similar at suitable locations in the
Hinterland which may include sites such as the Noosa Botanic Gardens and
Hinterland Adventure Playground.
Amendment No. 1
Moved: Cr Joe Jurisevic
Seconded: Cr Brian Stockwell
That Item K be added to read:
K. Request the CEO to investigate extending the 60km per hour speed limit on
Mary River Road to Lawnville Road to enhance the safety of vehicle interactions
in this location associated with the transfer station and truck movements.
Carried unanimously.
Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
That Council note the report by the Senior Development Planner to the Planning
& Environment Committee Meeting dated 7 November 2023 regarding Application
No. MCU21/0194.01 for an other change to a Development Permit for Material
Change of Use (Roadside Stall) to include a Food and Drink Outlet, situated at
201 Mary River Rd, Cooroy and:
A. Approve, in part, only (with amended Condition 2) and part refusal.
B. Approve the change to Condition 2 as outlined in Attachment 1.
C. Refuse the Food and Drink Outlet component of the application for the
following reasons:
1. This element of the proposal does not advance the elements and strategies
of the South East Queensland Regional Plan as it does not value add to the site’s
on-farm agricultural activities.
2. This element of the proposal is contrary to the Intent and Outcomes of the
Strategic Framework, Section 3.3.1 (e) and Section 3.3.5 (h), (v) and (w) as:
a) The proposal is not a rural activity or a rural enterprise and such uses are
intended to be located in business centres to contribute to their vibrancy.
b) The proposal does not value add to the site’s rural activities, would be the
primary use on the site and is in no way ancillary to the approved roadside stall.
c) The proposal predominantly caters to passing trade, largely locals in the area,
and has only a limited tourism focus.
3. This element of the proposal is not consistent with overall outcomes (b), (i)
and performance outcomes PO1, PO4 and PO8 of the Local Plan Code for
Cooroy as:
a) The proposed use is located outside the urban boundary and the Cooroy
town centre.
b) The proposed use will adversely interrupt the landscape character and visual
amenity of Mary River Road, being very different to uses envisaged in rural areas
of the Shire.
4. This element of the proposal is contrary to overall outcomes (a) & (l) and
performance outcomes PO1, PO5 & PO13 of the Rural Zone Code as:
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
a) The proposal is not a rural activity, it is an urban activity, and will not value
add to goods produced on site.
b) The proposal does not have an indelible connection to the rural or ecological
values of the site and is more appropriately located in an urban area.
c) There is no overriding community benefit for the food and drink outlet to be
located on the site, with no particular circumstances relevant that warrant the
proposal.
d) The proposal will detract from the scenic amenity of Mary River Road being
part of the major road network for the Shire.
5. This element of the proposal is contrary to performance outcomes PO1, PO2,
PO3, PO11, PO12, PO13 of the Business Activities Code as:
a) The proposal is a type of business activity that is at odds and is not compatible
with the purpose of the site’s rural zoning.
b) The proposal seeks to locate a business activity outside the business centres
shown in the Noosa Shire Centres Hierarchy.
c) The proposed food and drink outlet is a use that is not typically expected to
be found in the rural areas of the Shire.
d) The proposal is adversely impacting the amenity of nearby residents, with its
early and week-end operating hours, uncoordinated and uncontrolled carparking
on the road reserve and coffee shop customers coming and going from the site.
6. This element of the proposal is contrary to overall outcome (b) and
performance outcome PO6 of the Driveways and Parking Code and overall
outcome (e) and performance outcome PO16 of the Business Activities Code as
the proposed on-site car parking is insufficient to accommodate the number of
vehicles generated by the development.
D. Refuse to amend Condition 4 of the development approval for the following
reason:
7. The proposal is contrary to performance outcomes PO25 and PO26 of the
Rural Activities Code as the requested change includes the sale of food and
beverages that are not ancillary to a bona fide cropping or animal husbandry use
on site.
E. Refuse to delete Conditions 5 and 7 of the development approval for the
following reasons:
8. The proposal is contrary to performance outcomes PO25 and PO26 of the
Rural Activities Code as the request to delete these conditions relates to the
proposal for a food and drink outlet to operate from the site which is not supported.
Any provision for the tasting of foods and beverages proposed to be produced on
site would not be ancillary to a bona fide cropping or animal husbandry use on
site.
F. Advise the applicant that the food and drink outlet must cease operating from
the site within 3 months of the date of Council’s decision, with any unapproved
structures removed.
G. Advise the applicant that the roasting of coffee beans on site must cease within
3 months of the date of Council’s decision, and to lodge a subsequent code
assessable development application for a Material Change of Use – Home-based
Business (coffee roasting).
H. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
I. Authorise the CEO to work with the applicant to find an appropriate location
for the food and drink outlet/bus.
J. That Council request the CEO to expedite an investigation into the feasibility
of the provision of a mobile coffee trader or similar at suitable locations in the
Hinterland which may include sites such as the Noosa Botanic Gardens and
Hinterland Adventure Playground.
K. Request the CEO to investigate extending the 60km per hour speed limit on
Mary River Road to Lawnville Road to enhance the safety of vehicle interactions
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
in this location associated with the transfer station and truck movements.
For: Crs Brian Stockwell, Amelia Lorentson, Joe Jurisevic, Karen Finzel,
Frank Wilkie and Clare Stewart
Against: Cr Tom Wegener
Carried.
Crs Stewart and Lorentson left the meeting.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Cr Jurisevic be appointed as Acting Chairperson of the meeting due to Cr
Stewart leaving the meeting.
Carried unanimously.
5.3. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL
CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT
AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE,
NOOSA HEADS (Referred from Planning & Environment Committee dated 7
November 2023 - Item 5.4)
That Council note the Further Report by the Manager Development Assessment
to the Planning and Environment Committee Meeting dated 7 November 2023
regarding Application No. MCU21/0110 for a Development Permit for a Material
Change of Use – Bar, Food and Drink Outlet, Outdoor Sport and Recreation and
Resort Complex at 61 Noosa Springs Drive, Noosa Heads and note that the
applicant has made an Other Change to the application. This results in the
application reverting to Confirmation Notice stage and no decision can be made
on the matter today.
6.1. 2023-2024 COMMUNITY GRANTS PROGRAM - COMMUNITY PROJECT
GRANTS (ROUND TWO) - OVERVIEW
That Council note the report by the Community Connection Manager to the
General Committee Meeting dated 13 November 2023 and:
A. Approve the Round Two 2023-24 Community Grants Projects Program to
the total value of $99,459.67;
B. Allocate the remaining $68,470.65 from the 23/24 Community Grants
budget to funding for youth initiatives made up of an out-of-round Youth
Grants funding program and youth focussed activities within the Living
Well Noosa program; and
C. Delegate the Chief Executive Officer to authorise funding to the successful
applicants for the out-of-round Youth Grants projects.
6.2. 2023-2024 COMMUNITY PROGRAM FUNDING – COMMUNITY
PROJECT GRANTS (ROUND TWO) – PROGRAM/PROJECT,
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this
matter in relation to the funding recommendations to Cooroora Historical Society
t/a Noosa Shire Museum. I state for the record that although general membership
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
of an organisation does not qualify as a declarable conflict of interest, I would like
to put on the record my general membership of the Cooroora Historical Society,
out of abundance of caution, which is mentioned in this grant round. Although I
have a declarable conflict of interest, I do not believe a reasonable person would
believe this affects my ability to make an impartial decision in this
matter. Therefore, I 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.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Wilkie and determine
that it is in the public interest that Cr Wilkie participates and votes on this matter
because Council believes that a reasonable person would trust that the final
decision is made in the public interest.
Carried unanimously.
Cr Wilkie and Finzel did not vote on the above motion.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Wilkie, inform the meeting that I am declaring a conflict of interest in this
matter in relation to the funding recommendations to NoosaCare. I would like to
put on the record that, although it does not qualify as a declarable conflict of
interest, I volunteer playing music at various aged care facilities in the shire,
including at Noosa Care which is mentioned in this grant round. I am not a member
or executive member of Noosa Care and don’t believe a reasonable person would
see this as a conflict of interest and choose to stay in the meeting room.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wegener
That Council note the declarable conflict of interest by Cr Wilkie and determine
that it is in the public interest that Cr Wilkie participates and votes on this matter
because Council believes that a reasonable person would trust that the final
decision is made in the public interest.
Carried unanimously.
Cr Wilkie and Cr Finzel did not vote on the above motion.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel
provided the following declaration to the meeting of a declarableconflict of interest
in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this
matter in relation to the funding recommendations to Cooroora Historical Society
t/a Noosa Shire Museum. I state for the record that although general membership
of an organisation does not qualify as a declarable conflict of interest, I wish it to
be noted but do not believe a reasonable person would see this as a
conflict. Therefore, I 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.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Finzel and determine
that it is in the public interest that Cr Finzel participates and votes on this matter
because Council believes that a reasonable person would trust that the final
decision is made in the public interest.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
Carried unanimously.
Cr Finzel and Wilkie did not vote on the above motion.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the report by the Community Connection Manager to the
General Committee Meeting dated 13 November 2023 and approve Round Two
2023-24 Community Project Grants – Program/Projects provided in Attachment 1
to this report.
Carried unanimously.
6.3. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND TWO) - EVENTS
That Council note the report by the Community Connection Manager to the
General Committee Meeting dated 13 November 2023 and approve Round Two
2023-2024 Community Project Grants - Events provided in Attachment 1 to this
report.
6.4. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND TWO) - INFRASTRUCTURE
That Council note the report by the Community Connection Manager to the
General Committee Meeting dated 13 November 2023 and approve Round Two
2023-2024 Community Project Grants - Infrastructure provided in Attachment 1 to
this report.
6.5. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND TWO) - EQUIPMENT
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 as on 24 February 2020 I sought a review by the Independent Council
Election Observer (ICEO) as to the public claims of the Future Noosa Team, of
which Leigh McCready was publicly identified as a Campaign Manager. The
conflict involved the application of Katie Rose Cottage as Leigh McCready is the
Head of Fundraising and Partnerships, Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias
because the ICEO review was an advisory service, not a statutory process, and
my queries at that time were in the public interest and neither I nor Ms McCready
stood to personally gain or lose from that advice. 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.
Council Resolution
Moved: Cr Tom Wegener
Seconded: Cr Joe Jurisevic
That Council note the declarable conflict of interest by Cr Stockwell and determine
that it is in the public interest that Cr Stockwell participates and votes on this
matter because Council believes that a reasonable person could not have a
perception of bias because the ICEO review was an advisory service, not a
statutory process, and Cr Stockwell’s queries at that time were in the public
interest and neither he nor Ms McCready stood to personally gain or lose from
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
that advice and therefore a reasonable person would trust that the final decision
is made in the public interest.
Carried unanimously.
Cr Stockwell and Finzel did not vote on the above motion.
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 in relation to the funding recommendations to Katie Rose Cottage as Leigh
McCready who is employed as Head of Fundraising and Partnerships by Katie
Rose Cottage was involved in a volunteer capacity with my 2020 election
campaign where I was one of three candidates that ran as a group known as
'Future Noosa' (which is no longer an entity). As a result of my conflict of interest
I will now leave the meeting room while the matter is considered and voted on.
Cr Finzel left the meeting.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the report by the Community Connection Manager to the
General Committee Meeting dated 13 November 2023 and approve Round Two
2023-24 Community Project Grants – Equipment provided in Attachment 1 to this
report.
Carried unanimously.
Cr Finzel returned to the meeting.
6.6. REGIONAL ARTS DEVELOPMENT FUND (RADF) - GRANT
RECOMMENDATIONS ROUND 20, 2023/24
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this
matter in relation to the funding recommendations to Zest Factor as Zest Factor
applicant Russell Krause is a general member of Noosa Arts Theatre where I
serve as President. Mr Krause’s grant does not involve the Noosa Arts Theatre or
myself and I therefore don’t believe a reasonable person would see this as a
conflict of interest. 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.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Wilkie and determine
that Cr Wilkie participates and votes on this matter because Council believes that
a reasonable person would trust that the final decision is made in the public
interest.
Carried unanimously.
Cr Wilkie did not vote on the above motion.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this
matter in relation to the funding recommendations to Little Seed applicant
Johanna Wallace, who is a general member of Noosa Arts Theatre where I serve
as President. Their grant does not involve the Noosa Arts Theatre or myself and
I therefore don’t believe a reasonable person would see this as a conflict of
interest. 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.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Wilkie and determine
that Cr Wilkie participates and votes on this matter because Council believes that
a reasonable person would trust that the final decision is made in the public
interest.
Carried unanimously.
Cr Wilkie did not vote on the above motion.
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Council note the report by the Arts and Culture Manager to the General
Committee Meeting dated 13 November 2023 regarding applications to the
Regional Arts Development Fund Round 20, 2023/24 and approve the
recommendations of the Assessment Committee as outlined in Attachment 1 to
the report.
Carried unanimously.
6.7. NON-POWERED WATER SPORTS FEASIBILTY STUDY
That Council note the report by the Sport Strategy and Project Advisor to the
General Committee Meeting dated 13 November 2023 regarding the Non-
Powered Water Sports Feasibility Study and:
A. Accept the Non-Powered Water Sports Feasibility Study; and
B. Refer the findings of the Study to future planning activities.
6.8. FIRETECH SERVICE PROVIDER PANEL (ROPS) REFRESH
That Council note the report by the Director Digital Hub and Innovation to the
General Committee date 13 November 2023 and
A. Award Contract No. T000078 for a Register of Pre-qualified Suppliers for the
Provision of Firetech Services to the following two new suppliers as a result of a
ROPS refresh for a period until August 2024:
BIA5 Pty Ltd; and
Geoneon Pty Ltd
B. Subject to satisfactory performance of the suppliers, authorise the CEO to
approve the option to extend the contract at the expiry of first extension term for
a further three (3) terms of up to twelve (12) months each ending on 31 July 2027.
6.9. TOURISM NOOSA STRATEGY 2023-2027
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 as on 24 February 2020 I sought a review by the Independent Council
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
Election Observer (ICEO) as to the public claims of the Future Noosa Team, of
which Leigh McCready was publicly identified as a Campaign Manager. Leigh
McCready is a Director of Tourism Noosa. Although I have a declarable conflict
of interest, I do not believe a reasonable person could have a perception of bias
because the ICEO review was an advisory service, not a statutory process, and
my queries at that time were in the public interest and neither I nor Ms McCready
stood to personally gain or lose from that advice. 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.
Council Resolution
Moved: Cr Tom Wegener
Seconded: Cr Frank Wilkie
That Council note the declarable conflict of interest by Cr Stockwell and determine
that it is in the public interest that Cr Stockwell participates and votes on this
matter because Council believes that a reasonable person could not have a
perception of bias because the ICEO review was an advisory service, not a
statutory process, and Cr Stockwell’s queries at that time were in the public
interest and neither he nor Ms McCready stood to personally gain or lose from
that advice and therefore a reasonable person would trust that the final decision
is made in the public interest.
Carried unanimously.
Cr Stockwell and Finzel did not vote on the above motion.
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 Leigh McCready who is a Director of Tourism Noosa was involved in a
volunteer capacity with my 2020 election campaign where I was one of three
candidates that ran as a group known as 'Future Noosa' (which is no longer an
entity). As a result of my conflict of interest I will now leave the meeting room while
the matter is considered and voted on.
Cr Finzel left the meeting.
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Tom Wegener
That Council note the report by the Director Strategy and Environment to the
General Committee Meeting dated 13 November 2023 regarding Tourism
Noosa's Destination Noosa Strategic Plan 2023-2027 as provided at Attachment
1 to this report and:
A. Endorse Tourism Noosa's Destination Noosa Strategy 2023-2027 in
accordance with Tourism Noosa's Funding and Performance Deed with
Council; and
B. Note Tourism Noosa's Destination Noosa Strategy 2023-2027 will be
reviewed following the completion of the Destination Management Plan to
ensure alignment and to reflect any shifts required in Tourism Noosa's
strategic focus as specified in Tourism Noosa's Funding and Performance
Deed with Council.
Carried unanimously.
Cr Finzel returned to the meeting.
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ORDINARY MEETING MINUTES 16 NOVEMBER 2023
6.10. FINANCIAL PERFORMANCE REPORT – OCTOBER 2023
That Council note the report by the Manager Financial Services (Acting) to the
General Committee Meeting dated 13 November 2023 outlining October 2023
year to date financial performance against budget, including changes to the
financial performance report with the inclusion of key financial sustainability
indicators.
6.11. NOOSA COUNCIL ANNUAL REPORT 2022-2023
That Council note the report by the Governance Manager to the General
Committee Meeting dated 13 November 2023 and
A. Adopt the Noosa Shire Council 2022-23 Annual Report incorporating the
2022/23 Audited Financial Statements.
B. Authorise the Chief Executive Officer to make any required minor
amendments to the document prior to publication.
7.1. RECYCLING
MATERIAL PROCESSING OPTION (NEW MRF)
That Council note the report by the Waste Manager to the General Committee
Meeting dated 13 November 2023 and
A. Enter into a contract with Re.CYCLE (SUNSHINE COAST) Pty Ltd for 8
years, in accordance with Section 235 (A) of the Local Government
Regulation 2012; and
B. Delegate authority to the Chief Executive Officer to negotiate, finalise and
enter the contract and to approve payments to be made pursuant to the
contract to a maximum of $900,000 (GST excl.), per year of the term of
the contract.
7.2. EMU MOUNTAIN ROAD
SHARED PATHWAY
That Council note the report by the Director Infrastructure Services to the General
Committee Meeting dated 13 November 2023 and
A. Support the submission of a Cycle Network Local Government Grants Program
Submission by Sunshine Coast Council for a shared path and cycleway along
Emu Mountain Road, subject to:
1. Further input by Noosa Council into the design by Sunshine Coast Council
to reduce environmental and visual impact of the proposal; and
2. Resolving pedestrian crossing and cycle safety issues on the David Low
Way prior to acceptance of the final design.
7.3. VOLUNTARY FLOOD
RECOVERY PROPERTY ACQUISITION
That Council note the report by the Community Connections Manager to the
General Committee Meeting dated 13 November 2023 and
A. Through the Commonwealth and State Resilient Home Fund, purchase
the property as detailed in the Report for the purposes of the voluntary
home buy-back program, provided that all processes have been
satisfactorily completed with Queensland Reconstruction Authority
(QRA);
B. Authorise the Chief Executive Officer to take the necessary action to
implement Council’s decision, including but not limited to making,
amending, and discharging the contractual arrangement/s; and
C. Undertake the necessary actions to fulfil the conditions of the program.
Page 25
ORDINARY MEETING MINUTES 16 NOVEMBER 2023
Council Resolution
Moved: Cr Tom Wegener
Seconded: Cr Frank Wilkie
That the report of the General Committee meeting dated 13 November 2023 be
received and the recommendations therein be adopted except where dealt with
by separate resolution.
Carried unanimously.
9. ORDINARY MEETING REPORTS
9.1. OPERATIONAL PLAN 2023-24 Q1 QUARTERLY REPORTING
Council Resolution
Moved: Cr Karen Finzel
Seconded: Cr Frank Wilkie
That Council note the report by the Chief Executive Officer (Acting) to the
Ordinary Meeting dated 16 November 2023 regarding the 2023-24 Operational
Plan and:
A. Note the progress report for Q1 2023-24 Operational Plan to 30 September
2023 provided as Attachment 1;
B. Note the status of Council's Key Performance Indicators provided as
Attachment 2; and
C. Note minor changes made to the wording of several initiatives in the
Operational Plan 2023-24 as shown in track changes, refer Attachment 3.
Carried unanimously.
10. CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie
That the meeting be closed to the public pursuant to section 254J(3) (g) of the Local
Government Regulation 2012 for the purpose of discussing:
10.1 CN000316B - Flood
Reconstruction - Package 6B - Landslide Remedial Works - Tender Award
10.2 CN000317B - Flood
Reconstruction - Package 7B - Landslide Remedial Works (Black Pinch
Road)
10.3 CN000318B - Flood
Reconstruction - Package 8B - Landslide Remedial Works - Tender Award
10.4 CN000318B - Flood
Reconstruction - Package 8C - Landslide Remedial Works - Tender Award
Carried unanimously.
Page 26
ORDINARY MEETING MINUTES 16 NOVEMBER 2023
RE-OPENING OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr BRian Stockwell
Seconded: Cr Finzel
That the meeting be re-opened to the public.
Carried unanimously.
10.1. CN000316B - FLOOD
RECONSTRUCTION - PACKAGE 6B - LANDSLIDE REMEDIAL WORKS -
TENDER AWARD
Council Resolution
Moved: Cr Tom Wegener
Seconded: Cr Karen Finzel
That Council note the report by the Disaster Reconstruction Coordinator to the
Ordinary Meeting dated 16 November 2023 and:
A. Award Contract No. CN00316B for Flood Reconstruction - Package 6B –
Landslide Remedial Works to properties adjacent to #19 Bakers Road,
Pomona, #140 Old Ceylon Road, Ridgewood, #490 Cooroy Belli Creek
Road, Cooroy and #19 Happy Jack Creek Road, Ridgewood to FKG Civil
Pty Ltd in accordance with the approved tender;
B. Delegate to the Acting Chief Executive Officer the power to negotiate,
finalise, execute the Contract on behalf of Council; and
C. Delegate to the Acting Chief Executive Officer the power to amend the
contract up to 11.5% of the total contract value if or when necessary.
Carried unanimously.
10.2. CN000317B - FLOOD
RECONSTRUCTION - PACKAGE 7B - LANDSLIDE REMEDIAL WORKS
(BLACK PINCH ROAD)
Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Tom Wegener
That Council note the report by the Disaster Reconstruction Coordinator to the
Ordinary Meeting dated 16 November 2023 and:
A. Award Contract No. CN00317B for Flood Reconstruction - Package 7B –
Landslide Remedial Works to four sites on Black Pinch Road Cootharaba
and to Twin Hills Lookout to HEH Civil Pty Ltd in accordance with their
approved tender.
B. Delegate to the Acting Chief Executive Officer the power to negotiate,
finalise and execute the Contract on behalf of Council; and
C. Delegate to the Acting Chief Executive Officer the power to amend the
contract up to 11.5% of the total contract value if and when necessary.
Carried unanimously.
Page 27
ORDINARY MEETING MINUTES 16 NOVEMBER 2023
10.3. CN000318B - FLOOD
RECONSTRUCTION - PACKAGE 8B - LANDSLIDE REMEDIAL WORKS -
TENDER AWARD
Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Council note the report by the Disaster Reconstruction Coordinator to the
Ordinary Meeting dated 16 November 2023 and:
A. Award Contract No. CN00318B for Flood Reconstruction - Package 8B –
Landslide Remedial Works to properties adjacent to #139 Musa Vale
Road, Cooroy and #179 Cooroy Belli Creek Road, Cooroy to Sunshine
Civil Solutions Pty Ltd in accordance with the approved tender ;
B. Delegate to the Acting Chief Executive Officer the power to negotiate,
finalise and execute the Contract on behalf of Council; and
C. Delegate to the Acting Chief Executive Officer the power to amend the
contract up to 11.5% of the total contract value if and when necessary.
Carried unanimously.
10.4. CN000318C - FLOOD
RECONSTRUCTION - PACKAGE 8C - LANDSLIDE REMEDIAL WORKS -
TENDER AWARD
Council Resolution
Moved: Cr Tom Wegener
Seconded: Cr Frank Wilkie
That Council note the report by the Disaster Reconstruction Coordinator to the
Ordinary Meeting dated 16 November 2023 and:
A. Award Contract No. CN00318C for Flood Reconstruction - Package 8C –
Landslide Remedial Works to landslides adjacent to properties at# 673
and #703 Cooroy Belli Creek Road, Black Mountain, #168 Cootharaba
Road, Cootharaba and #54 Simpsons Road to Civil Mining & Construction
Pty Ltd in accordance with the approved tender;
B. Delegate to the Acting Chief Executive Officer the power to negotiate,
finalise and execute the Contract on behalf of Council; and
C. Delegate to the Acting Chief Executive Officer the power to amend the
contract up to 11.5% of the total contract value if and when necessary.
Carried unanimously.
12. NEXT MEETING
The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St, Tewantin
on Thursday 14 December 2023 at 5.00pm.
13. MEETING CLOSURE
The meeting closed at 7.56pm.