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Ordinary Meeting
Thursday, 21 September 2023 @ 5:00PM - #166
Meeting Duration: 2 hours and 5 minutes
This Noosa Council meeting contains very poor audio quality. This may have affected the transcription below and is beyond our control.
River plan deferred for further consultation, Community unrest over Cooloola project and Pomona placemaking, Major planning refusals incl. Tewantin hospital, Audit and legal compliance updates noted.
Key Decisions & Discussions • Frank Wilkie: Council approved Mayor Clare Stewart to attend remotely under s254K Local Government Regulation; unanimous. (00:01) (Attendance & Apologies) • Frank Wilkie: Two petitions received – road access and safety at Mary River Rd, Cooroy; and fire hazard reduction/tree removal at Cooroibah – both referred to CEO; unanimous. (00:51–03:49) (Items 4.1–4.2) • Deputation: Keep Cooloola Cool criticised State’s Cooloola Great Walk Ecotourism Project for poor consultation and conflict with national park “cardinal principle”; sought Council advocacy and public forum. (04:26–20:52) (Deputations 7.1) • Deputation: Pomona Placemaking Study consultation alleged as inadequate, inequitable and vulnerable to outside influence; requested suspension, town hall, and identity checks on submissions. (21:06–36:08) (Deputations 7.2) • Brian Stockwell: Moved to adopt the Noosa River Catchment Management Plan (NR-CMP) with CEO-authorised minor edits and targeted stakeholder consultation on Action 1.1 (Conservation Park over Fish Habitat Areas); lost 3–4. (41:06–52:30) (Item 6.1) • Amelia Lorentson: Successfully moved to def
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Key Decisions & Discussions • Frank Wilkie: Council approved Mayor Clare Stewart to attend remotely under s254K Local Government Regulation; unanimous. (00:01) (Attendance & Apologies) • Frank Wilkie: Two petitions received – road access and safety at Mary River Rd, Cooroy; and fire hazard reduction/tree removal at Cooroibah – both referred to CEO; unanimous. (00:51–03:49) (Items 4.1–4.2) • Deputation: Keep Cooloola Cool criticised State’s Cooloola Great Walk Ecotourism Project for poor consultation and conflict with national park “cardinal principle”; sought Council advocacy and public forum. (04:26–20:52) (Deputations 7.1) • Deputation: Pomona Placemaking Study consultation alleged as inadequate, inequitable and vulnerable to outside influence; requested suspension, town hall, and identity checks on submissions. (21:06–36:08) (Deputations 7.2) • Brian Stockwell: Moved to adopt the Noosa River Catchment Management Plan (NR-CMP) with CEO-authorised minor edits and targeted stakeholder consultation on Action 1.1 (Conservation Park over Fish Habitat Areas); lost 3–4. (41:06–52:30) (Item 6.1) • Amelia Lorentson: Successfully moved to defer NR-CMP to next meeting cycle to allow councillors/stakeholders to review details and implications; carried 4–3. (01:52:54–01:56:23) (Item 6.1) • Planning: Refused subdivision (1 into 2) at 28 Satinay Dr, Tewantin for inconsistency with Reconfiguring a Lot Code and Bushfire Hazard Overlay (deficient building envelope; undue bushfire risk). (Item 5.2, P&E 12 Sep) • Planning: Refused MCU for day surgery/hospital at 47 Goodchap St, Tewantin due to conflicts with Strategic Framework, Local Plan Codes, Low Density Residential Zone, Community Activities Code, parking and water quality non-compliance; housing need prioritised for site. (Item 5.4, P&E 12 Sep) • Planning: Cootharaba “integrated permaculture/golf” change to include group farm stay (max 299 beds): applicant stopped decision period; Council noted. (02:02:32–02:04:00) (Item 5.1, General 18 Sep) • Contracts: Awarded CN00344 Concrete Crushing to Rosenlund Contractors (2-year term + 3x12m extensions at Council’s discretion). (Services & Organisation 7.1) • Contracts: Awarded CN00209 Cleaning of Open Space & Public Amenities to four suppliers (2 years + options). (General 7.1) • Appeal: Agreed to settle P&E Court Appeal D14/2023 (20 units, Church St, Pomona) generally per conditions; inserted property note on bushfire management. (General 7.2) • Audit & Risk: Noted payroll internal audit, external audit briefing, risk/BCP update, internal audit actions, ICT cyber update (no incidents), insurance, and fraud/corruption/PID updates. (Audit & Risk 22 Aug; 8.1) Contentious / Transparency Matters • Mitch Robson/Greg Wood: Alleged State-led Cooloola project lacked informed community consent; requested Council leadership, review of 2019 submission, and public forum/site visits. (04:26–20:52) (Deputations 7.1) • Nick Cook: Claimed Pomona placemaking engagement windows were too short, online-heavy, and inequitable (e.g., “behind a paywall” at Noosa Show); called for suspension and town hall. (21:06–36:08) (Deputations 7.2) • NR-CMP: Dispute over urgency and stakeholder awareness of proposed Conservation Park; concerns about “blindsiding” NSERAC members prompted deferral. (01:16:23–01:56:23) (Item 6.1) • Process tension: Chair and staff emphasised that plan actions already mandate further consultation; critics sought pre-adoption feedback window for legal/operational clarity. (01:22:01–01:28:39) (Item 6.1) • Public assurance: Councillors Jurisevic, Stewart, Finzel cited prior commitment to allow next-cycle feedback; opposed adopting plan now. (01:40:31–01:49:17) (Item 6.1) Legal / Risk • Remote attendance: Approval under s254K Local Government Regulation recorded and unanimous – process compliance clear. (00:01) (Attendance & Apologies) • Conflicts regime: Declarable COIs managed per Chapter 5B Local Government Act 2009 with non-participation on COI resolutions; consistent with statute. (Item 6.1; General 5.1; P&E 6.1) • Planning Act: Statutory refusals referenced s63(5) Planning Act 2016; detailed conflicts with planning instruments provide defensible refusal grounds if appealed. (P&E Items 5.2 & 5.4) • NR-CMP funding posture: Staff asserted endorsed Catchment Action Plan improves eligibility for Resilient Rivers and other programs; timing debate noted, but officers committed to submit regional strategy input regardless. (48:13–01:06:36) (Item 6.1) • Appeal settlement: Pomona 20 units – settlement “generally in accordance” with draft conditions; bushfire note mitigates future risk to persons/property. (General 7.2) • Cyber/Fraud: No ICT incidents reported; ongoing fraud/corruption/PID oversight noted via confidential updates – indicates active risk governance. (Audit & Risk 8.1) Conflicts of Interest • Brian Stockwell: Declarable COIs re Noosa Landcare (member) and MRCCC (historic collaborator/rep); allowed to participate/vote on NR-CMP; did not vote on COI motions. (39:07–40:56) (Item 6.1) • Karen Finzel: Declarable COI re donor-applicant in delegated decisions report; permitted to remain as report for noting only; did not vote on COI motion. (01:58:50–01:59:40) (P&E 6.1) • Tom Wegener: Declarable COI re author of applicant’s permaculture report; permitted to participate; did not vote on COI motion. (02:01:21–02:02:32) (General 5.1) Environmental Concerns & River Governance • NR-CMP substance: ~80 actions targeting pollution, wetlands/riparian protection, sediment reduction, anchoring/mooring/liveaboards, and potential Conservation Park overlaying existing Fish Habitat Areas. (41:38–48:08) (Item 6.1) • Conservation Park intent: Staff clarified it would not transfer State fisheries approvals; aims for trustee co-management, compliance support, monitoring, and education; requires DES/QPWS agreement and management plan. (01:14:04–01:16:11) (Item 6.1) • Stakeholder dynamics: NSERAC focus historically on anchoring/mooring and sediment; a dedicated river-plan session had low turnout; broader stakeholders notified when agenda published. (01:20:08–01:26:49; 01:38:02–01:38:40) (Item 6.1) • Flying-fox SoMI: Council endorsed SoMI; will review subsidy program, implement comms plan, and seek budget for effective delivery. (Item 5.1, P&E 12 Sep) Community Transparency & Consultation • Pomona Placemaking: Claims of inadequate notification, limited hard-copy access, and inequitable meetings; requests for identity checks to deter external influence; staff/councillors cited multiple pop-ups and workshops. (21:06–38:33) (Deputations 7.2) • NR-CMP deferral rationale: Majority cited public trust and desire for clarity on legal/operational implications before endorsement; minority warned against “paralysis by analysis.” (01:16:23–01:56:23) (Item 6.1) • Mary River Rd petition: Road safety/access impacts from adjacent development flagged by residents; referred for CEO action. (00:51–03:01) (Item 4.1) • Fire hazard petition: Request for hazard reduction and tree removal on nature strip at Cooroibah; referred to CEO. (03:01–03:49) (Item 4.2) Planning Scheme & Development Outcomes • Tewantin subdivision refusal: Inconsistent with character and amenity; inadequate building envelope; increased bushfire risk and burden on disaster services. (Item 5.2, P&E 12 Sep) • Goodchap St hospital refusal: Expansion into low-density zone conflicted with strategic outcomes, parking shortfall, water quality risks to Lake Doonella, and no demonstrated planning need; housing supply protected. (Item 5.4, P&E 12 Sep) • Cootharaba farm-stay change: Significant scale (up to 299 beds); applicant paused assessment; further engagement foreshadowed. (02:02:32–02:04:00) (General 5.1)
Official Meeting MinutesRead minutes ↗
MINUTES
Ordinary Meeting
Thursday, 21 September 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” ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
1. ATTENDANCE & APOLOGIES
COUNCILLORS Councillor Clare Stewart (attending via Microsoft Teams) Councillor Frank Wilkie (Acting Chair) Councillor Karen Finzel Councillor Joe Jurisevic Councillor Amelia Lorentson Councillor Brian Stockwell Councillor Tom Wegener
EXECUTIVE Acting Chief Executive Officer, Larry Sengstock Director Community Services, Kerri Contini Director Corporate Services, Trent Grauf Director Strategy and Environment, Kim Rawlings Acting Director Infrastructure Services, Shaun Walsh Director Development & Regulation, Richard MacGillivray
APOLOGIES Nil
The meeting was chaired by Deputy Mayor, Cr Frank Wilkie due to the Mayor attending via Microsoft Teams.
Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Amelia Lorentston That in accordance with Section 254K of the Local Government Regulation, Cr Stewart is approved to attend the Ordinary Meeting dated 21 September 2023 via Microsoft Teams. Carried unanimously.
2. CONFIRMATION OF MINUTES
2.1. ORDINARY MEETING 17 AUGUST 2023
Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel The Minutes of the Ordinary Meeting held on 17 August 2023 be received and confirmed. Carried unanimously. ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
3. MAYORAL MINUTES
Nil.
4. PETITIONS
4.1. PETITION: RESIDENTIAL PROPERTY ACCESS DUE TO DEVELOPMENT AT 201 MARY RIVER ROAD, COOROY (MCU21/0194.01)
Refer to Attachment 1 to the Minutes
Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Joe Jurisevic That the petition with 148 signatories submitted by Joyce Carolyn Brumley, requesting that Council consider the access issues at her property due to the development at 201 Mary River Road, Cooroy (MCU21/0194.01) be received and referred to the Chief Executive Officer to determine appropriate action. Carried unanimously.
4.2. PETITION: REQUEST COUNCIL UNDERTAKE MAJOR FIRE HAZARD REDUCTION AND THE REMOVAL OF THE LARGE TREES
Refer to Attachment 2 to the Minutes.
Council Resolution Moved: Cr Karen Finzel Seconded: Cr Amelia Lorentson That the petition with 24 signatories submitted by Howard Sandison, on behalf of the owners and residents of Pines Ave and Morning Glory Ave, Cooroibah, requesting that Council consider undertaking major fire hazard reduction and the removal of large trees on the naturestrip be received and referred to the Chief Executive Officer to determine appropriate action Carried unanimously.
5. NOTIFIED MOTIONS
Nil.
6. PRESENTATIONS
Nil.
7. DEPUTATIONS ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
7.1. MITCH ROBSON TOPIC - KEEP COOLOOLA COOL - COOLOOLA GREAT WALK ECOTOURISM PROJECT (CGWEP)
7.2. NICK COOKE TOPIC - POMONA PLACEMAKING STUDY
8. CONSIDERATION OF COMMITTEE REPORTS
Item 6.1 from General Committee Meeting was brought forward.
The following material was presented to the meeting in relation to this item: Cr Stockwell – refer to Attachment 3
6.1. NOOSA RIVER CATCHMENT MANAGEMENT PLAN
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.
Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Tom Wegener That Council note the declarable conflict of interest by Cr Stockwell and determine that Cr Stockwell 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.
Councillor Stockwell did not vote on the above motion.
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: ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as I have a long-standing relationship with MRCCC as a previous government employee and a longterm collaborator since 1994. I have in the past had a small consultant contract below the limit for a Prescribed Conflict and prior to the declarable time frame. I was up until the last AGM Council's representative on the committee and in this role I played a role in facilitating and developing the group's revised catchment strategy. 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 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 Joe Jurisevic Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Stockwell and determine that Cr Stockwell participates and votes on this matter because Council believes that Cr Stockwell does not stand to gain personally or materially through noting this report, and therefore a reasonable person would trust the final decision is made in the public interest. Carried unanimously.
Councillor Stockwell did not vote on the above motion.
Motion Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That Council note the report by the Principal Environment Officer - River Strategy & Engagement to the General Committee Meeting dated 18 September 2023 regarding the updated Noosa River Catchment Management Plan and;
A. Adopt the Noosa River Catchment Management Plan for ongoing implementation, noting some implementation actions will involve further stakeholder engagement and are subject to future budget considerations; and B. Authorise the CEO to make minor changes and edits to the plan prior to finalising, designing and publishing the plan. C. Request the CEO consult with relevant stakeholder groups as part of staff's consideration of Action 1.1 relating to a Conservation Park covering Fish Habitat Areas.
For: Crs Wegener, Stockwell and Wilkie Against: Crs Lorentson, Jurisevic, Finzel and Stewart Lost. ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Clare Stewart
That item 6.1 Noosa River Catchment Management Plan be deferred to the next round of meetings to allow Councillors and other stakeholders an opportunity to consider the details and implications of the draft Noosa River Catchment Plan and provide feedback. For: Crs Lorentson, Jurisevic, Finzel and Stewart Against: Crs Wegener, Stockwell and Wilkie Carried.
Cr Stockwell and Stewart left the meeting.
8.1. AUDIT & RISK COMMITTEE REPORT- 22 AUGUST 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS Councillor Clare Stewart Councillor Tom Wegener Audit & Risk Committee Chair (External) Timothy Cronin Audit & Risk Committee Member (External) Ian Rushworth
5. INTERNAL AUDIT REPORT - PAYROLL That Council note the report by the Governance Manager to the Audit & Risk Committee Meeting dated 22 August 2023 presenting the internal audit report on payroll processes. ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
6. 2023 AUDIT AND RISK COMMITTEE BRIEFING PAPER That Council note the report by the KPMG and QAO to the Audit & Risk Committee Meeting dated 22 August 2023 providing an update on the External Audit.
7. RISK MANAGEMENT & BCP UPDATE That Council note the report by the Governance Manager to the Audit & Risk Committee Meeting dated 22 August 2023 providing an update on risk management matters.
8. INTERNAL AUDIT ACTIONS UPDATE That Council note the report by the Executive Officer to the Audit and Risk Committee meeting dated 22 August 2023 regarding an update on Internal Audit Matters.
9. ICT CYBER RISK UPDATE That Council note the report by the Director Corporate Services to the Audit & Risk Committee Meeting dated 22 August 2023 noting there has been no cyber incidents.
12. INSURANCE MANAGEMENT UPDATE That Council note the report by the Governance Manager to the Audit & Risk Committee Meeting dated 22 August 2023 providing an update on insurance matters.
13. FRAUD, CORRUPTION & PID UPDATE That Council note the confidential report by the Governance Manager to the Audit & Risk Committee Meeting dated 22 August 2023 providing an annual update on fraud, corruption, and PID related matters.
Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Amelia Lorentson That the report of the Audit & Risk Committee dated 22 August 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously.
8.2. PLANNING & ENVIRONMENT COMMITTEE REPORT - 12 SEPTEMBER 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS Councillor Tom Wegener (Chair) Councillor Karen Finzel Councillor Brian Stockwell
NON COMMITTEE MEMBERS Councillor Amelia Lorentson ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
Councillor Frank Wilkie
EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director - Strategy and Environment Kim Rawlings (via Microsoft Teams) Director Development & Regulation Richard MacGillivray
APOLOGIES Councillor Clare Stewart
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. FLYING FOX STATEMENT OF MANAGEMENT INTENT That Council note the report by the Fauna Management Project Officer to the Planning & Environment Committee Meeting dated 12 September 2023 regarding Noosa Council's Flying-fox Statement of Management Intent (SoMI) and: A. Approve the Flying Fox Statement of Management Intent (SoMI) for the purpose of implementation, B. Note that following endorsement of the SoMI, Environmental Services will undertake a priority review of the Flying-fox Subsidy Program considering community feedback and seek future Council endorsement of any recommended changes to the Flying-fox Subsidy Program as required; C. Develop and implement an internal and external communications plan for flying-fox influxes to ensure clear information is provided to relevant stakeholders during these events; D. Note that additional resources are required as outlined in this report to fully and effectively deliver the requirements of the SoMI and flying-fox management in the Noosa Shire and that consideration of these be referred to the budget consideration process.
5.2. RAL22/0027 - APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS) AT 28 SATINAY DRIVE, TEWANTIN
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 September 2023 regarding Application No. RAL22/0027 for a Development Permit for Reconfiguring a Lot – 1 into 2 lots, situated at 28 Satinay Dr Tewantin Qld 4565 and:
A. Refuse the application for the following reasons: 1. The proposal does not comply with Purpose and Overall Outcomes (1)(a), (b) and (c), (2)(a), (b) and (e)(i), Acceptable Outcome AO7.3 and Performance Outcomes PO4 and PO7, of the Reconfiguring a Lot Code as: a. The development application is for subdivision in an area identified as being not suitable for subdivision. b. The lot size and subdivision layout in not consistent with the established character and amenity of Noosa Parklands Estate. c. The required building envelope for proposed Lot 2 is not adequate to accommodate a dwelling house and associated structures and services, and therefore is not fit its intended use.
2. The proposal does not comply with Purpose and Overall Outcomes (1) and (2)(a), (b) and (e), Acceptable Outcomes AO1, AO7, AO8.3 and ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
Performance Outcomes PO1 and PO7 of the Bushfire Hazard Overlay Code as: a. The methodology for determining the building envelopes assumes that Queensland Parks and Wildlife Service and Council will maintain the firebreak between the existing lot and adjoining National Park and Council Reserve. Preservation of the separation from hazardous vegetation should not be dependent on third parties. b. The proposed reconfiguration does not minimise the risk to people and property from bushfire hazard. c. The proposed layout will unduly burden disaster management services. d. The required building envelope for proposed Lot 2 is not adequate.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
5.3. - 131998.981211.5 - APPLICATION FOR OTHER CHANGE TO DEVELOPMENT APPROVAL (12637DA) INTEGRATED PERMACULTURE DESIGNED ORGANIC ORCHARD AND GOLF COURSE COMPLEX (18 HOLES) TO INCLUDE GROUP FARM STAY ACCOMMODATION & ASSOCIATED SUPPORTING INFRASTRUCTURE AT 59 KABI ROAD, COOTHARABA That Planning & Environment Committee Agenda Item 5.3 be referred to the General Committee due to the significance of the issue.
5.4. MCU22/0131 - APPLICATION FOR A HOSPITAL AND HEALTH CARE SERVICE (DAY SURGERY AND ASSOCIATED FACILITIES) AT 47 GOODCHAP STREET, TEWANTIN That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 12 September 2023 regarding Application No. MCU22/0131 for a Development Permit for Material Change of Use – Health care service & Hospital, situated at 47 Goodchap St Tewantin and:
A. Refuse the application for the following reasons: 1. The proposal conflicts with Section 3.3.2, strategic outcomes (k), (n) and Section 3.3.3, strategic outcome (a) of the Strategic Framework as: a. The proposal expands health care services further along Goodchap Street beyond the Noosa Hospital site and into a residential area. b. The proposal is located on land zoned for housing, removes a lot that is well suited for residential development and is needed to cater for future housing.
2. The proposal is contrary to overall outcomes (o), (p) & (q) of the Tewantin Local Plan Area Code and overall outcomes (h), (n) and acceptable outcome AO16.3 of the Noosaville Local Plan Code as: a. The proposal expands health services into an area zoned for low density housing and on a large, well located site with significant opportunities to create further housing. b. The land is not committed or planned for community purposes. c. The proposal does not maximise or make more efficient use of the Noosa Hospital site and is not located on land identified for the growth of health and medical services. ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
3. The proposal is contrary to overall outcomes (a), (c), (g), (j) and performance outcomes PO1, PO2 of the Low Density Residential Zone Code as: a. The proposal is not residential being identified as a community activity under the Noosa Plan and is of a scale and design that is incompatible with and will impact adversely on nearby residents’ amenity. b. The proposal offers no integration or internal connection with the Noosa hospital. c. The proposal is not small scale and will service the wider community and not just local residents.
4. The proposal is contrary to overall outcomes (a), (b), (c), (d), (e), (f) and performance and acceptable outcomes PO1, PO3, AO3, PO5, A)5, PO8 of the Community Activities Code as: a. The proposal is not integrated with the hospital or co-located on the Noosa Hospital site. b. The proposal is of a type, scale and intensity that is not consistent with surrounding development and character of the area and zone, includes substantial infrastructure to the site’s frontage and will remove mature native trees that significantly contribute to the streetscape. c. The proposal is likely to have significant adverse impacts on the amenity enjoyed by adjoining and nearby residents with insufficient buffering proposed for residents.
5. The proposal is contrary to overall outcomes (a), (b) and PO6 of the Driveways and Parking Code as insufficient car parking has been provided to accommodate the number and type of vehicles likely to be generated by the development.
6. The proposal does not comply with performance and acceptable outcome PO6, AO6.1 of the Water Quality and Drainage Code as the site discharges into Lake Doonella which is of high ecological value and it has not been demonstrated the development will not cause an increase in gross pollutants, total suspended solids, total phosphorous or total nitrogen compared to a predevelopment scenario as required.
7. There is no Planning need for the site to be developed for the proposed community activity given there are other approved medical and health centres that are yet to establish and other areas where the use could locate consistent with the scheme’s zoning pattern.
8. The site ought to be retained for housing, with lots of this potential rare in Noosa Shire.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY JULY 2023
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 on 5 March 2020, Mr Peter Butt who is an applicant listed in the ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
delegated report (applicant no.1) donated $1666.66 to 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). Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the decision has already been made under delegated authority and the report is for noting only. 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 Frank Wilkie Seconded: Cr Joe Jurisevic 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 the decision has already been made under delegated authority and the report is for noting only. Carried unanimously. Cr Finzel did not vote on this motion.
Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Karen Finzel That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 12 September 2023 regarding planning applications that have been decided by delegated authority. Carried unanimously.
Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Karen Finzel That the report of the Planning & Environment Committee dated 12 September 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously.
8.3. SERVICES & ORGANISATION COMMITTEE REPORT - 12 SEPTEMBER 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS Councillor Amelia Lorentson (Chair) Councillor Joe Jurisevic Councillor Frank Wilkie
NON COMMITTEE MEMBERS Councillor Tom Wegener Councillor Karen Finzel ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
EXECUTIVE Acting Chief Executive Officer Larry Sengstock Acting Director Infrastructure Services, Shaun Walsh
APOLOGIES Councillor Clare Stewart
COMMITTEE RECOMMENDATIONS TO COUNCIL
7.1. CONTRACT NO. CN00344 - PROVISION OF CONCRETE CRUSHING SERVICES That Council note the report by the Waste Coordinator to the Services & Organisation Committee Meeting dated 12 September, 2023 and:
A. Award Contract No. CN00344 Provision of Concrete Crushing Services to Rosenlund Contractors Pty Ltd for an initial term of up to two (2) years, commencing 25 September 2023 and expiring 24 September 2025 with an option to extend for three (3) further periods of up to twelve (12) months each. The option to extend will be at Council’s own discretion and subject to the Contractor’s ability to meet the requirements under the Contract.
B. Authorise the CEO to negotiate the final contract with Rosenlund Contractors Pty Ltd.
Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Amelia Lorentson That the report of the Services and Organisation Committee meeting dated 12 September 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously.
8.4. GENERAL COMMITTEE REPORT - 18 SEPTEMBER 2023
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS Councillor Frank Wilkie (Chair) Councillor Karen Finzel Councillor Joe Jurisevic Councillor Amelia Lorentson Councillor Clare Stewart Councillor Brian Stockwell Councillor Tom Wegener
EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Corporate Services Trent Grauf Director Strategy and Environment Kim Rawlings Acting Director Infrastructure Services Shaun Walsh Director Development & Regulation Richard MacGillivray ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
APOLOGIES Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. 131998.981211.5 - APPLICATION FOR OTHER CHANGE TO DEVELOPMENT APPROVAL (12637DA) INTEGRATED PERMACULTURE DESIGNED ORGANIC ORCHARD AND GOLF COURSE COMPLEX (18 HOLES) TO INCLUDE GROUP FARM STAY ACCOMMODATION & ASSOCIATED SUPPORTING INFRASTRUCTURE AT 59 KABI ROAD, COOTHARABA (Referred from Planning and Environment Committee dated 12 September 2023 - Item 5.3).
In accordance with Chapter 5B of the Local Government Act 2009, Cr Tom Wegener provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Tom Wegener inform the meeting that I have a declarable conflict of interest, upon request to staff for the permaculture report which was mentioned in the applicant's submission, it was revealed that the permaculture report was written by Tom Kendall, a local permaculture expert. As the president of the community group Permaculture Noosa, I have learned from Tom Kendall and visited his permaculture property. However, he is not a personal friend and I do not socialise with him outside of our common interest of Permaculture. I believe I can make a judgment in the public interest. 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 Joe Jurisevic Seconded: Cr Amelia Lorentson That Council note the declarable conflict of interest by Cr Wegener and determine Cr Wegener can participate and vote on this matter because Council believes that as Mr Kendall is not a close associate and that a reasonable person would trust that the final decision is made in the public interest. Carried unanimously.
Cr Wegener did not vote on the above motion.
Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Karen Finzel That Council note the report by the Acting Coordinator Planning Assessment to the Planning & Environment Committee Meeting dated 12 September 2023 regarding Application No. 131998.981211.5 for an Other Change to Development Approval (12637DA) - Integrated Permaculture Designed Organic Orchard and Golf Course Complex (18 holes) to include Group Farm Stay Accommodation (undefined use) and associated supporting infrastructure (maximum 299 beds), situated at 59 Kabi Rd Cootharaba and note that the Applicant has stopped the current period. Carried unanimously. ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
6.2. FINANCIAL PERFORMANCE REPORT – AUGUST 2023
That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 18 September 2023 outlining August 2023 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators.
6.3. YEAR IN REVIEW - 2022/23
That Council note the report by the Chief Executive Officer (Acting) to the General Committee Meeting dated 18 September 2023 providing a review of Council’s progress in the 2022/23 financial year towards achieving the five key focus areas set out in Council’s Corporate Plan and thank Council staff for their efforts in the last twelve months to progress so many significant projects and providing outstanding service to our community.
7.1. CONTRACT NO. CN00209 - CLEANING OF OPEN SPACE AND PUBLIC AMENITIES
That Council note the report by the Parks & Gardens Coordinator – to the General Committee 18 September 2023 and
A. Award Contract No. CN00209 Cleaning of Open Space and Public Amenities to the contractors nominated in the Parks & Gardens Coordinator report to the General Committee 18 September 2023.
B. Award Contract No. CN00209 Cleaning of Open Space and Public Amenities for an initial term of up to two (2) years, commencing 23 October 2023 and expiring 22 October 2025 with an option to extend for three (3) further periods of up to twelve (12) months each. The option to extend will be at Council’s own discretion and subject to the Contractor’s ability to meet the requirements under the Contract.
C. Authorise the CEO to negotiate the final contract with the four (4) suppliers as listed.
7.2. PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF 2023 – APPLICATION FOR MULTIPLE DWELLING (20 UNITS) - MCU22/0031 & OPERATIONAL WORKS CLEARING OF VEGETATION - OPW22/0062 AT 11C CHURCH STREET, POMONA
That Council note the report by the Manager Development & Regulation to the General Committee Meeting dated 18 September 2023 regarding regarding Planning & Environment Court Appeal No. D14 0f 2023 and:
A. Agree to settle the appeal generally in accordance with the proposed ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
conditions outlined in Attachment
B. Include the following property note on the lots: 1. To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and/or constructed in accordance with the bushfire management conditions of Council Approval MCU22/0031 and associated Operational Work approvals.
7.3. 2122Q125 – CONTRACT VARIATION FOR PROJECT MANAGMENT SERVICES FOR 2022 FLOOD RECOVERY AND RECONSTRUCTION
That Council note the report by the Disaster Reconstruction Coordinator to the General Meeting Dated 18 September, and endorse the CEO to execute all documents and undertake all things necessary to:
A. Give effect to the novation of contract 2122Q125 from Erscon Pty Ltd to NorthLane Pty Ltd; and;
B. Increase the value of contract 2122Q125 by $1,236,055.20 (GST exc.) from $2,100,000.00 (GST exc.) to $3,336,055.20 (GST exc.), and the period until 31 July 2024.
Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Tom Wegener That the report of the General Committee Meeting dated 18 September 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution Carried unanimously.
9. ORDINARY MEETING REPORTS
Nil.
10. CLOSED SESSION
Nil.
11. PUBLIC QUESTION TIME
Nil.
12. NEXT MEETING
The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St, Tewantin on Thursday 26 October 2023 at 5.00pm. ORDINARY MEETING MINUTES 21 SEPTEMBER 2023
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