Meeting minutes

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;