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General Committee Meeting

Monday, 18 September 2023 @ 12:30PM - #178
Meeting Duration: 3 hours and 4 minutes

This Noosa Council meeting contains very poor audio quality.
This may have affected the transcription below and is beyond our control.

Farm-stay at 59 Kabi Rd refused citing scale and bushfire risk, River Catchment Plan deferred for governance clarity, Finances strong, Contracts approved, Court appeal settled.

Speaker timeline13 speakers

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0:000:301:011:322:022:333:04 Frank Wilkie (Chair)Frank Wilkie (Chair)Brian StockwellBrian StockwellJoe JurisevicJoe JurisevicAmelia LorentsonAmelia LorentsonTom WegenerTom WegenerKim RawlingsKim RawlingsAmy KimberAmy KimberNadine GordonNadine GordonClare StewartClare StewartLarry SengstockLarry SengstockKaren FinzelKaren FinzelTrent GraufTrent GraufRichard MacGillivrayRichard MacGillivray

Meeting Resources

NoosaWatch Deep Insight Read full insight
Key Decisions & Discussions
• Brian Stockwell: Council refused the “group farm stay accommodation” change for 59 Kabi Rd, Cootharaba, citing conflict with SEQ Regional Plan and Noosa Plan 2020 rural/agricultural protections, scale, traffic and bushfire evacuation deficiencies (19:32–45:49; Item 5.1).
• Staff (Planning): Proposal involved 3 accommodation villages and central facility seating 330+, up to 299 guests; most works on mapped Agricultural Land Conservation Area (ALCA), exceeding rural scale benchmarks (19:32–24:27; Item 5.1).
• Council: Deferred Noosa River Catchment Management Plan for one meeting cycle to enable further councillor/stakeholder review, particularly around a proposed Conservation Park governance mechanism (1:16:42–2:33:12; Item 6.1).
• Finance: Noted YTD August 2023 financials; operating surplus tracking above budget; cash high due to rates cycle and restricted grants; added sustainability indicators to reports (2:34:09–2:41:03; Item 6.2).
• Executive: Year in Review 2022/23 noted major delivery across corporate plan themes including flood recovery, capital program, branding, housing strategy and fire management (2:41:34–3:01:14; Item 6.3).
• Council (Confidential outcome): Awarded CN00209 Cleaning of Open Space and Public Amenities for 2 years with 3x12-month options; authorised CEO to finalise terms (3:02:48–3:03:40; Item 7.1).
• Council (Confidential outcome): Agreed to settle Planning & Environment Court Appeal D14/2023 for 20 multiple dwellings at 11C Church St, Pomona, per proposed conditions; included bushfire safety property note (3:02:48–3:03:40; Item 7.2).
• Council (Confidential outcome): Approved novation of contract 2122Q125 to NorthLane Pty Ltd and increased value by $1,236,055.20 to $3,336,055.20 (GST exc.) to 31 July 2024 for 2022 flood recovery project management (3:03:41–3:03:41; Item 7.3).
Contentious / Transparency Matters
• Amelia Lorentson: Led deferral of River Catchment Plan to clarify Conservation Park intent, governance, compliance duties, and to brief former advisory members and boating/fishing stakeholders; carried 4–3 (2:07:22–2:33:12; Item 6.1).
• Clare Stewart: Supported deferral, citing need for broader communication on implications and prioritising liveaboards/effluent and moorings issues with MSQ (2:13:28–2:17:56; Item 6.1).
• Karen Finzel: Questioned compliance resourcing if Council assumes supporting roles on river; sought fiscal transparency before committing (1:50:09–1:53:42; 1:58:12–2:01:21; Item 6.1).
• Tom Wegener: Advocacy for regenerative agriculture within farm-stay item drew points of order for relevance; underscored tension between policy objectives and application merits (59:45–1:04:07; Item 5.1).
• Community Deputation: Daniel Moisander criticised Council’s bushfire assessment assumptions for a separate two-lot subdivision (RAL22/0027), highlighting standards and evacuation considerations (00:49–12:20; Deputation 4.1).
Legal / Risk
• Council: Farm-stay refusal grounded in SEQRP 2017, Noosa Plan 2020 Rural Zone and Visitor Accommodation Codes, ALCA mapping, and Bushfire Hazard Overlay; recorded per Planning Act 2016 s63(5) (19:32–45:49; Item 5.1).
• Officers: Bushfire risk for vulnerable use required tolerable/acceptable risk under State Planning Policy; reliance on shelter-in-place with dual egress still traversing high bushfire hazard considered intolerable (35:32–39:49; Item 5.1).
• Council: Meeting closed under Local Government Regulation 2012 s254J(3)(g) for commercial-in-confidence matters (3:01:22–3:02:00; Closed Session).
• Settled Appeal: Court matter D14/2023 resolved via conditions; property note mandates siting/building to bushfire management conditions of MCU22/0031 and related OPW approvals (3:02:48–3:03:40; Item 7.2).
• Governance Proposal: River Conservation Park concept under Nature Conservation Act to give Council a formal management role as trustee without overriding State heads of power (1:44:15–1:48:20; Item 6.1).
Conflicts of Interest
• Tom Wegener: Declared declarable COI due to interactions with author of a permaculture report (Tom Kendall) and presidency of Permaculture Noosa; Council allowed participation and vote given no close association (13:15–19:16; Item 5.1).
• Brian Stockwell: Declared two declarable COIs for Noosa District Landcare (member) and MRCCC (historic collaborator/contract); Council allowed participation and vote, noting public interest and no material gain (1:17:26–1:23:48; Item 6.1).
Environmental Concerns & River Governance
• Officers: Catchment Plan targets funding eligibility (Resilient Rivers; Urban Rivers program), monitoring, and a technical advisory panel; embeds collaborative agency roles (1:24:05–1:29:25; Item 6.1).
• Kim Rawlings/Amy Kimber: Conservation Park would formalise joint management and Council’s “seat at the table,” while State retains fisheries, permits, and compliance heads of power; public engagement required for any management plan (1:39:19–1:45:04; Item 6.1).
• Joe Jurisevic: Requested precision on industrial runoff to both Lake Wyba and Lake Doonella and practicality of “zero litter” target; officers to clarify control scope and maintain aspirational goals (1:29:25–1:33:25; Item 6.1).
• Councillors: Reiterated priority issues of liveaboards, moorings, anchoring, and effluent; MSQ remains primary regulator with Council advocacy/support roles (2:15:53–2:19:38; Item 6.1).
New Development Applications & Planning Scheme Alignment
• Officers: Farm-stay GFA and building sizes far exceed Rural Zone small-scale benchmarks (e.g., lodges 250 m², cabins 65 m², non-rural buildings ≤500 m²), with traffic rising from 57 to 356 daily trips (23:09–43:18; Item 5.1).
• Brian Stockwell: Emphasised longstanding State interest protecting A/B-class agricultural land; mapped site as A1/A2 soils; warned against permanent alienation via large communal facilities and buffers (45:49–54:14; Item 5.1).
• Councillors Lorentson/Stewart/Jurisevic: Supported refusal: lack of overwhelming planning need, excessive scale akin to resort/convention use, unacceptable bushfire evacuation risk for children (34:02–35:10; 1:07:14–1:10:13; Item 5.1).
Finance & Procurement
• Finance: Noted $141m cash at cycle peak with significant restricted balances (QRA, levies); minor rates revenue timing/valuation impacts; interest revenue up with higher cash (2:34:09–2:39:23; Item 6.2).
• Council: Awarded multi-supplier cleaning contract CN00209 (initial 2 years from 23 Oct 2023, options up to 3 years); CEO authorised to finalise (7.1 minutes; 3:02:48–3:03:40).
• Council: Novated flood recovery PM contract to NorthLane; increased total to $3.336m (GST exc.) through 31 Jul 2024 (7.3 minutes; 3:03:41–3:03:41).
Official Meeting MinutesRead minutes ↗
MINUTES

General Committee
Meeting

Monday, 18 September 2023

12:30 PM
Council Chambers, 9 Pelican Street, Tewantin

Committee: Crs Frank Wilkie (Chair) Karen Finzel, Joe Jurisevic, Amelia Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener

“Noosa Shire – different by nature”
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023

1. 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

2. CONFIRMATION OF MINUTES

Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Amelia Lorentson
The Minutes of the General Committee Meeting held on 14 August 2023 be received and confirmed.
Carried unanimously.

3. PRESENTATIONS

Nil

4. DEPUTATIONS

4.1. DANIEL MOISANDER
TOPIC: RAL22/0027

5. ITEMS REFERRED FROM COMMITTEES

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,
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023

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.

Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
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.

The following material was presented to the meeting in relation to this item:
Cr Stockwell – refer to Attachment 1 to the minutes.

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Amelia Lorentson
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:

A. Refuse the application for the following reasons:
1. The proposal does not further the SEQ Regional Plan 2017 strategy to intensify or diversify on-farm agricultural activities as the proposed permaculture and food production is not of a significant scale, largely intended for farm stay guests, will alienate agricultural land and compromise the rural production of the land.

2. The proposal is contrary to the Strategic Framework of the Noosa Plan 2020 as the proposed farm stay activity:
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023

a) Will permanently alienate land that is mapped as agricultural land conservation area and will not result in a direct expansion of the site’s agricultural activities.
b) Will be more than complementary to the agricultural use of the land, as it will be the proposal’s primary use.
c) Is not small scale or fit for its setting comprising 3 villages and a large common communal area with access via a small local rural road that currently has little traffic movement.

3. The proposal is contrary to Overall Outcomes 2(c), (h), (i) & (p), Performance & Acceptable Outcomes PO2, AO2.2, AO2.3, PO4 and PO5 of the Rural Zone Code of the Noosa Plan 2020 as:
a) The applicant has failed to demonstrate there is an
overwhelming Planning need for the proposal to be located on land identified for Agricultural Land Conservation and the proposal will further alienate land from rural production in the future.
b) The scale of the farm stay activity is not small scale, and the traffic anticipated to be generated would detract from the rural amenity enjoyed by nearby residents.

4. The proposal is contrary to Performance Outcome PO3 of the Visitor Accommodation Code as it is of a scale that is not compatible with the zoning intent and preferred character for the local area.

5. The proposal does not meet PO6 of the Bushfire Hazard Overlay Code as it has not been demonstrated that an efficient and safe evacuation route is available to residents and that emergency vehicles can access the site.

6. The proposal is of a significantly different scale and character to the approved golf course and permaculture orchard and has a more permanent nature.

B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.

6. REPORTS DIRECT TO GENERAL COMMITTEE

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
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023

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.

Committee Resolution
Moved: Cr Frank Wilkie
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:

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.

Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Frank Wilkie
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.
Cr Stockwell did not vote on the above motion.

Procedural Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
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 Stewart, Lorentson, Finzel and Jurisevic
Against: Crs Stockwell, Wilkie and Wegener
Carried.
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023

6.2. FINANCIAL PERFORMANCE REPORT – AUGUST 2023

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
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.
Carried unanimously.

6.3. YEAR IN REVIEW - 2022/23

Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
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.
Carried unanimously.

7. CLOSED SESSION

CLOSURE OF THE MEETING TO THE PUBLIC

Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
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 commercial matters involving the local government for which a public discussion would be likely to prejudice the interests of the local government for:

 Report 7.1 - CONTRACT NO. CN00209 - CLEANING OF OPEN SPACE
AND PUBLIC AMENITIES

 Report 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
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023

 Report 7.3 - 2122Q125 – CONTRACT VARIATION FOR PROJECT
MANAGMENT SERVICES FOR 2022 FLOOD RECOVERY AND
RECONSTRUCTION
Carried unanimously.

RE-OPENING OF THE MEETING TO THE PUBLIC

Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That the meeting be opened to the public.
Carried unanimously.

7.1. CONTRACT NO. CN00209
- CLEANING OF OPEN SPACE AND PUBLIC AMENITIES

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
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.
Carried unanimously.

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

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Amelia Lorentson
GENERAL COMMITTEE MEETING MINUTES 18 SEPTEMBER 2023

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 conditions outlined in Attachment 1.
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.

Carried unanimously.

7.3. 2122Q125 – CONTRACT
VARIATION FOR PROJECT MANAGMENT SERVICES FOR 2022 FLOOD
RECOVERY AND RECONSTRUCTION

Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
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.
Carried unanimously

8. MEETING CLOSURE

The meeting closed at 4.40pm

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Agenda Topics 9 topics
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