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Meeting minutes
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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