2021-12-16 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                                 16 DECEMBER 2021


9    ORDINARY MEETING REPORTS


1.   FURTHER REPORT – MCU21/0154 DEVELOPMENT APPLICATION FOR A MATERIAL
     CHANGE OF USE – HOME-BASED BUSINESS (SMALL SCALE MEAT PROCESSING) AT
     82 PATTERSON DRIVE, TINBEERWAH
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as I was
     approached by the applicant’s adjoining neighbour, Kirsty Pocock who advised me that our sons play
     football together. Although I have a declarable conflict of interest, I do not believe a reasonable person
     could have a perception of bias as I believe that I do not have a close personal relationship with Ms
     Pocock
     I also declare that I similarly received a submission from Laura Prater who also lives in the area. I have
     met Ms Prater on a number of occasions and our children go to day-care together. Although I have a
     declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I
     believe that I do not have a close personal relationship with Ms Prater.
     I further inform the meeting that I have a declarable conflict of interest in this matter as, when I attended
     an on-site meeting with the applicant, Adam Neilson, on 15 December 2021, he advised me that he
     coached my son in cricket last year. I had no recollection of this as I did not attend any cricket
     practices. When I asked him if we had met previously, Mr Neilson advised that he waved and introduced
     himself to me once, at a night cricket match, when I was working in the canteen at the match. Although
     I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of
     bias as I do not believe I have a close personal relationship with Mr Neilson.
     In regard to these 3 declarations, I believe I can consider this matter impartially and in the public interest
     and 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.

     Cr Wilkie assumed the chair for the purpose of dealing with Cr Stewart’s conflict of interest declarations.

     Council Resolution
     Moved:             Cr Stockwell
     Seconded:          Cr Finzel
     That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
     interest that Cr Stewart participates and votes on this matter because Council believes that she does
     not have a close personal relationship with Ms Pocock, Ms Prater and Mr Neilsen and therefore a
     reasonable person would trust that the final decision is made in the public interest.
                                                                                       Carried unanimously.
     Cr Stewart did not vote on the above motion.
     Motion
     Moved:              Cr Jurisevic
     Seconded:           Cr Finzel
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 7 December 2021 and the further report to the Ordinary Meeting
     dated 16 December 2021 regarding Application No. MCU21/0154 for a Development Permit
     for Material Change of Use - Home-based business (Small Scale Meat Processing) situated
     at 82 Patterson Dr Tinbeerwah and:

     A.    Approve the application in accordance with the following conditions:
           PLANNING
           When Conditions must be Complied With
           1.     Unless otherwise stated, all conditions of this Decision Notice must be complied

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