MINUTES

General Committee
Meeting

Monday, 13 November 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 13 NOVEMBER 2023

1. 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

Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That in accordance with Section 254K of the Local Government Regulation, Cr Wilkie is approved to attend the Meeting dated 13 November 2023 via Microsoft Teams.
Carried unanimously.

Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Amelia Lorentson
That Cr Jurisevic be appointed as Acting Chairperson of the meeting due to Councillor Wilkie attending via Microsoft Teams.
Carried unanimously.

2. CONFIRMATION OF MINUTES

Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Amelia Lorentson
The Minutes of the General Committee Meeting held on 23 October 2023 be received and confirmed.
Carried unanimously.
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

3. PRESENTATIONS

Nil

4. DEPUTATIONS

4.1. KIM PETROVIC & JOHN COCHRANE
TOPIC - PROPOSED HOTEL DEVELOPMENT AT NOOSA SPRINGS MCU
21/0110

Withdrawn by the applicant.

5. ITEMS REFERRED FROM COMMITTEES

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.

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.
Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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.

Motion
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
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; (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);
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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

Amendment
Moved: Cr Brian Stockwell
Seconded: Cr Amelia Lorentson
That Item B be added to read (and the current Item B be subsequently changed to Item C):
B. That the CEO be requested to review the zone and urban boundaries as part of a future review of the Planning Scheme.
Carried unanimously.

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Application
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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; (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.
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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)

Committee Recommendation
Moved: Cr Frank Wilkie
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. Approve, in part, only (with amended Condition 2) and part refusal.

B. Approve the change to Condition 2 as outlined in Attachment 1.
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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.

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
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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.
For: Crs Jurisevic, Lorentson, Stockwell, Wilkie and Stewart Against: Cr Wegener Carried.

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)

Committee Recommendation/Procedural Motion
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
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
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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.
Carried unanimously.

6. REPORTS DIRECT TO GENERAL COMMITTEE

6.1. 2023-2024 COMMUNITY GRANTS PROGRAM - COMMUNITY PROJECT
GRANTS (ROUND TWO) - OVERVIEW

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Amelia Lorentson
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.
Carried unanimously.

6.2. 2023-2024 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT
GRANTS (ROUND TWO) – PROGRAM/PROJECTS

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 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, which is mentioned in this grant round. Although I have a declarable conflict of interest, I do not believe a reasonable person would see this as a conflict of interest. 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.
Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Brian Stockwell
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
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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:
I, Cr Wilkie, inform the meeting that I have a declarable 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.
Committee 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.

Committee Recommendation
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

Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
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.
Carried unanimously.
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

6.4. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND TWO) - INFRASTRUCTURE

In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to the funding recommendation to Sunny Kids Inc as I make regular monthly donations to this charity and in relation to the funding recommendation to Tewantin Noosa Cricket Club as my son plays for the Tewantin Noosa Cricket Club. As a result of my conflicts of interest I will now leave the meeting room while the matter is considered and voted on.
Cr Stewart left the meeting.

Committee Recommendation
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 2023-2024 Community Project Grants - Infrastructure provided in Attachment 1 to this report.
Carried unanimously.

Cr Stewart returned to the meeting.

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 Stewart provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to the funding recommendations to  Katie Rose Cottage as I have a personal friendship with Leigh McCready, who is employed as Head of Fundraising and Partnerships by Katie Rose Cottage;  Noosa Water Polo Club as my children are members of the club;  Noosa Little Athletics Inc as my children are members of this club.
As a result of my conflicts of interest I will now leave the meeting room while the matter is considered and voted on.
Cr Stewart left the meeting.

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
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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.
Committee Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Tom Wegener
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 did not vote on the above motion.

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Joe Jurisevic
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 Stewart 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.
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
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.
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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:
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, 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.
Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
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.

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Joe Jurisevic
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

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Clare Stewart
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.
Carried unanimously.

6.8. FIRETECH SERVICE PROVIDER PANEL (ROPS) REFRESH

Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

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.

Carried unanimously.

6.9. TOURISM NOOSA STRATEGY 2023-2027

In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as Leigh McCready, a Director of Tourism Noosa is a personal friend. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.
Cr Stewart left the meeting.

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. 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.
Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
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 did not vote on the above motion.
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

Committee Recommendation
Moved: Cr Amelia Lorentson
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 Stewart returned to the meeting.

6.10. FINANCIAL PERFORMANCE REPORT – OCTOBER 2023

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
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.
Carried unanimously.

6.11. NOOSA COUNCIL ANNUAL REPORT 2022-2023

Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Amelia Lorentson
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.
Carried unanimously.
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

7. CONFIDENTIAL SESSION

CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
That the meeting be closed to the public pursuant to section 254J(3)(according to alpha reference listed below) of the Local Government Regulation 2012 for the purpose of discussing:
 Item 7.1 - RECYCLING MATERIAL PROCESSING OPTION (NEW MRF) (g) negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government;  Item 7.2 - EMU MOUNTAIN ROAD SHARED PATHWAY - (i) a matter the local government is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State; and  Item 7.3 - VOLUNTARY FLOOD RECOVERY PROPERTY ACQUISITION (h) negotiations relating to the taking of land by the local government under the Acquisition of Land Act 1967; Carried unanimously.

RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
That the meeting be re-opened to the public.
Carried unanimously.

7.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - RECYCLING MATERIAL
PROCESSING OPTION (NEW MRF)

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
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.

Carried unanimously.
GENERAL COMMITTEE MEETING MINUTES 13 NOVEMBER 2023

7.2. CONFIDENTIAL - NOT FOR PUBLIC RELEASE: EMU MOUNTAIN ROAD
SHARED PATHWAY

Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
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.

Carried unanimously.

7.3. CONFIDENTIAL: NOT FOR PUBLIC RELEASE – VOLUNTARY FLOOD
RECOVERY PROPERTY ACQUISITION

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
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.
Carried unanimously.

8. MEETING CLOSURE

The meeting closed at 4.01pm