Ordinary Meeting

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”
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.
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
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.
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
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:
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.
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.
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.
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.
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 - Shortterm 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;
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)
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.
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 – Homebased 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.
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
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:
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
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
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.
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
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:
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 NonPowered 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
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.
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.
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.
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.
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.