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General Committee Meeting

Monday, 15 January 2024 @ 12:30PM - #577
Meeting Duration: 1 hour and 41 minutes

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

Bounce cafe trial approved to Jan 2025 with complaint-based monitoring, Council defending hospital and STA appeals, Budget Review delivers surplus and 73m capital, Tenders awarded.

Speaker timeline13 speakers

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0:000:160:330:501:071:241:41 Frank Wilkie (Chair)Frank Wilkie (Chair)Amelia LorentsonAmelia LorentsonJoe JurisevicJoe JurisevicPauline ColesPauline ColesLarry SengstockLarry SengstockBrian StockwellBrian StockwellNadine GordonNadine GordonShaun WalshShaun WalshClare StewartClare StewartPatrick MurphyPatrick MurphyKaren FinzelKaren FinzelRichard MacGillivrayRichard MacGillivrayTom WegenerTom Wegener

Meeting Resources

NoosaWatch Deep Insight Read full insight
Key Decisions & Discussions
• Frank Wilkie: Council approved Bounce Hostel’s Other Change: retain Condition 5 (short-stay only), delete Condition 8, add a trial Food & Drink Outlet with lapse 18 Jan 2025 subject to complaints/prudence (Item 6.1; 22:41–29:37).
• Amelia Lorentson: Pushed for a shorter lapse (to 31 Jul 2024) citing no substantiated noise complaints and support for small business; Council ultimately adopted 12 months to capture peak holiday data (6.1; 07:36–10:08, 15:45–17:23, 22:41–27:49).
• Nadine (Planning): Supported Food & Drink use despite minor parking shortfall; recommended trial with monitoring of noise/parking; deletion of Condition 5 rejected as it mirrors “Visitor Accommodation Type 4” definition (6.1; 01:36–05:29, 14:06–15:25).
• Brian Stockwell: Amendment passed to set lapse at 18 Jan 2025 to test across Easter/July/September/Christmas peaks; unanimous (6.1; 22:41–24:43).
• Council: Resolved to defend two Planning & Environment Court appeals: Health Care Service/Hospital at 47 Goodchap St (Appeal 3156/2023) and STA cabins (15) at 94 & 142 Noosa Dr (Appeal 3746/2023) (Items 6.2–6.3; 29:37–35:33).
• Richard MacGillivray: STA refusal grounds included removal of 71–82 native trees (27–33 koala feed trees), overdevelopment, non-compliance with EMC zone, stormwater, and outside urban boundary (6.3; 33:33–34:55).
• Council: Budget Review 2 approved; operating position shifts from BR1 deficit $761k to $304k surplus; capital works (excl. QRA) revised to $46.1m; QRA disaster program added $127m, taking total capital to ~$173m (6.5; 36:46–39:42, 45:24–45:42).
• Pauline Coles: Interest revenue +$2.1m from higher term deposits; Holiday Park fee schedule adopted for 27 Jan–13 Jul 2025; ratios on track (6.5; 42:51–44:31, 36:46–39:42).
• Council: Noted Dec YTD performance: revenue +$3.2m (interest/parks/waste), operating underspend $1.2m; legal spend $1.2m of $1.6m 4‑yr budget; cash $106m (6.6; 01:08:21–01:11:04).
• Council: Extended Timothy Cronin as Audit & Risk Committee Chair to 10 Oct 2025; councillors praised his expertise and independence (6.7; 01:26:33–01:32:19).
• Council: Noted QLD Remuneration Commission determinations; Noosa reclassified to B3 from 1 Jul 2024 (6.8; 01:32:37–01:37:18).
• Confidential Awards (unanimous): CN00427 Garth Prowd Bridge upgrade to Marine & Civil Maintenance; CN00511 Noosa Spit nourishment to Hall Contracting (by 30 Sep 2024); RP00359 prequalified panel for pathways/kerb/drainage to six suppliers (7.1–7.3; 01:39:30–01:41:33; s254J(3)(g)).
Contentious / Transparency Matters
• Council: Food & Drink trial conditioned on no “substantiated” complaints; officers to assess vexatious claims vs. evidenced impacts, reflecting procedural fairness (6.1; 20:28–21:12).
• Karen Finzel: Sought bus-usage data to inform parking impacts; current-period data unavailable until late Jan, underlining data timing limitations in decision-making (6.1; 12:54–13:45).
• Council: Closed meeting for three tenders under s254J(3)(g) LGR 2012 due to commercial sensitivity; then re-opened and resolved awards publicly (7; 01:38:50–01:41:33; Minutes 7.1–7.3).
• Amelia Lorentson: Probed rising legal costs and whether details are restricted under privacy; CEO confirmed confidentiality of specific advice (6.6; 01:11:08–01:12:38).
Legal / Risk
• Council: Appeal 3156/2023 defence aligns with Noosa Plan intent to maximise co-location on hospital site or within designated centres; refusal also protected residential zoning and parking standards (6.2; 29:37–32:49).
• Council: Appeal 3746/2023 defence rests on significant native vegetation/koala feed tree loss, EMC zoning non-compliance, stormwater/drainage issues, and outside-urban-boundary controls (6.3; 33:33–34:55).
• Planning Officers: Bounce cafe trial includes lapse/extension criteria referencing substantiated complaints on noise/parking, creating a clear administrative law record for any future extension or challenge (6.1; 01:36–05:29, 22:41–23:14).
• Finance: Recognition of $127m QRA-funded capital with matching grant revenue and contract liabilities ensures compliance with accounting standards and mitigates ratepayer exposure (6.5–6.6; 45:24–46:06, 01:10:12–01:11:04).
• CEO/Finance: Elevated legal expenditure driven by governance/IR matters; in-house counsel commenced Dec but external advice still required, reflecting prudence amid legislative changes (6.6; 01:11:04–01:13:10).
Conflicts of Interest
• Frank Wilkie: Declared prescribed conflict on RACV STA appeal due to sponsorship of Noosa Arts Theatre where he is president; exited, Tom Wegener appointed Acting Chair, then Wilkie returned post-vote (Item 6.3; 32:49–35:33).
Short Term Accommodation / STA
• Richard MacGillivray: Active reconciliation indicates total STA numbers may be lower than earlier 4,000 estimate; dashboard in development to report approvals, hotline trends, and applications (6.6; 01:18:39–01:22:18).
• Council: Defending RACV STA cabins refusal based on environmental loss and planning non-compliance establishes strong precedent against STA intensification in sensitive zones (6.3; 33:33–34:55).
Environmental Concerns & Stormwater
• Council/Infrastructure: Bioretention basins program prioritised; asset responsibility moved to Infrastructure to ensure stormwater performance while consulting Environment on biodiversity (6.5; 54:18–58:12).
• Amelia Lorentson: Queried adequacy of stormwater capex share post-2022 floods; officers stated renewals for roads/drainage are robust, with parks/buildings to improve (6.5; 48:30–52:39).
• Shaun Walsh: Belmore Terrace pathway works advanced as early stage of Web Park upgrade to meet grant acquittal by June and improve circulation during later park works (6.5; 47:49–48:30).
• Infrastructure: Retaining wall design at 56 David Low Way, Sunrise Beach (near bridge) progressing; construction in future budget (6.5; 52:45–53:41).
Planning Scheme / Zoning & Parking
• Planning: Bounce cafe trial approved despite 4-space shortfall; officer evidence relied on on-site monitoring, historical operation, and management controls; Condition 5 retained to prevent de facto long-stay use (6.1; 01:36–05:29, 14:06–15:25).
• Councillors: Emphasised need to gather seasonal parking/noise data before any permanent approval; six-month option rejected to ensure Christmas peak captured (6.1; 10:14–12:39, 15:45–17:23, 22:41–24:43).
Financial Governance
• Council/Finance: Holiday Parks revenues materially above budget; modest fee increases (4–8%) adopted for early 2025 bookings, benchmarked to market (6.5–6.6; 36:46–39:42, 01:17:19–01:18:39).
• Council: Recognised large QRA program administration load; praised decision to engage specialist program management to safeguard delivery and compliance (6.5; 01:00:13–01:02:59).
Official Meeting MinutesRead minutes ↗
MINUTES

General Committee
Meeting

Monday, 15 January 2024

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 15 JANUARY 2024

1. ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart (via Microsoft Teams)
Cr Brian Stockwell
Cr Tom Wegener

EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Strategy and Environment Kim Rawlings (via Microsoft Teams) Acting Director Infrastructure Services Shaun Walsh Director Development & Regulation Richard MacGillivray

APOLOGIES
Nil.

Committee Resolution
Moved: Cr Wilkie
Seconded: Cr Lorentson
That in accordance with Section 254K of the Local Government Regulation, Cr Stewart is approved to attend the Meeting dated 15 January 2024 via Microsoft Teams.
Carried unanimously.

2. CONFIRMATION OF MINUTES

Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
The Minutes of the General Committee Meeting held on 11 December 2023 be received and confirmed.
Carried unanimously.

3. PRESENTATIONS

Nil.

4. DEPUTATIONS

Nil.

5. ITEMS REFERRED FROM COMMITTEES

Nil.
GENERAL COMMITTEE MEETING MINUTES 15 JANUARY 2024

6. REPORTS DIRECT TO GENERAL COMMITTEE

6.1. MCU18/0102.02 APPLICATION FOR AN OTHER CHANGE TO INCLUDE A
FOOD AND DRINK OUTLET TO A DEVELOPMENT APPROVAL (VISITOR
ACCOMMODATION TYPE 4 CONVENTIONAL) FOR BOUNCE HOSTEL AT
14-16 MARY ST, NOOSAVILLE

Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
That Council note the report by the Coordinator Planning to the General Committee Meeting dated 15 January 2024 regarding Application No.
MCU18/0102.02 for an Other Change to Development Permit for Material Change of Use – Visitor Accommodation Type 4 Conventional, situated at 14-16 Mary St Noosaville and:
A. Refuse to delete condition 5 for the following reasons:
1. Condition 5 is reflective of the approved use definition for Visitor Accommodation Type 4 Conventional, does not further restrict the use and provides clarity for all owners/ operators.
B. Approve the Other Change to include the Food and Drink outlet.
C. Agree to delete Condition 8.
D. Include a new Condition 62 to read as follows:
62. The Food and Drink Outlet approval lapses on 31 July 2024, unless written consent is provided by Council’s delegate to extend the approval.
In assessing a request to extend the approval, Council will have regard to any substantiated complaints relating to noise, car parking and any other relevant matters associated with the Food and Drink Outlet use.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Amendment
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Item D be amended to read:
D. Include a new Condition 62 to read as follows:
62. The Food and Drink Outlet approval lapses on 18 January 2025 31 July 2024, unless written consent is provided by Council’s delegate to extend the approval. In assessing a request to extend the approval, Council will have regard to any substantiated complaints relating to noise, car parking and any other relevant matters associated with the Food and Drink Outlet use.
Carried unanimously.

Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Clare Stewart
That Council note the report by the Coordinator Planning to the General Committee Meeting dated 15 January 2024 regarding Application No.
MCU18/0102.02 for an Other Change to Development Permit for Material Change of Use – Visitor Accommodation Type 4 Conventional, situated at 14-16 Mary St Noosaville and:
GENERAL COMMITTEE MEETING MINUTES 15 JANUARY 2024

A. Refuse to delete condition 5 for the following reasons:
1. Condition 5 is reflective of the approved use definition for Visitor Accommodation Type 4 Conventional, does not further restrict the use and provides clarity for all owners/ operators.
B. Approve the Other Change to include the Food and Drink outlet.
C. Agree to delete Condition 8.
D. Include a new Condition 62 to read as follows:
62. The Food and Drink Outlet approval lapses on 18 January 2025, unless written consent is provided by Council’s delegate to extend the approval. In assessing a request to extend the approval, Council will have regard to any substantiated complaints relating to noise, car parking and any other relevant matters associated with the Food and Drink Outlet use.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.

6.2. PLANNING & ENVIRONMENT COURT APPEAL NO. 3156 OF 2023 –
APPLICATION FOR A MATERIAL CHANGE OF USE FOR HEALTH CARE
SERVICE AND HOSPITAL AT 47 GOODCHAP STREET, NOOSAVILLE

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
That Council note the report by the Manager Development Assessment to the General Committee Meeting dated 15 January 2024 regarding Planning & Environment Court Appeal 3156 of 2023 and agree to defend the appeal.
Carried unanimously.

6.3. PLANNING & ENVIRONMENT COURT APPEAL NO. 3746 OF 2023 –
APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION (15 CABINS) AT 94 & 142 NOOSA DRIVE, NOOSA
HEADS

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 RACV have been a sponsor of Noosa Arts Theatre where I serve as the committee president. As a result of this prescribed conflict of interest, I will leave the meeting room while the matter is considered and voted on.

Cr Wilkie left the meeting.
GENERAL COMMITTEE MEETING MINUTES 15 JANUARY 2024

Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Cr Wegener be appointed as Acting Chairperson of the meeting for this item for the purpose of considering the conflict of interest declaration by Cr Wilkie.
Carried unanimously.

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Brian Stockwell
That Council note the report by the Manager Development Assessment to the General Committee Meeting dated 15 January 2024 regarding Planning & Environment Court Appeal 3746 of 2023 and agree to defend the appeal.
Carried unanimously.

Cr Wilkie returned to the meeting and resumed the Chair.

6.4. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
NOVEMBER 2023

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
That Council note the report by the Manager, Development Assessment to the General Committee Meeting dated 15 January 2024 regarding planning applications that have been decided by delegated authority.
Carried unanimously.

6.5. BUDGET REVIEW 2 (BR2) FOR THE 2023/24 FINANCIAL YEAR

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 15 January 2024 regarding Budget Review 2 for the 2023/24 Financial Year, and A. Approve the proposed changes to the budget for the 2023/24 financial year as outlined in the Revised Budget Financial Statements provided in Attachment 1 - 4 to the report; and B. Adopt the proposed general cost recovery fees and commercial charges schedule for Noosa Holiday Parks for the period 27 January 2025 to 13 July 2025 as detailed in the tables contained within the report.
Carried unanimously.
GENERAL COMMITTEE MEETING MINUTES 15 JANUARY 2024

6.6. FINANCIAL PERFORMANCE REPORT – DECEMBER 2023

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 15 January 2024 outlining December 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.

6.7. AUDIT AND RISK COMMITTEE MEMBERSHIP

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Karen Finzel
That Council Note the report by the Executive Officer Internal Audit and Corporate Performance to the General Committee meeting dated 15 January 2024 and extend the appointment of Timothy Cronin as the Chairperson of the Audit and Risk Committee to 10 October 2025.
Carried unanimously.

6.8. COUNCILLOR REMUNERATION UPDATE

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
That Council note the report by the Executive Officer, Internal Audit and Corporate Performance to the General Committee meeting dated 15 January 2024 informing Council of the determinations of the Queensland Local Government Remuneration Commission, as detailed in the Local Government Remuneration Commission Annual Report 2023.
Carried unanimously.

7. CLOSED SESSION
GENERAL COMMITTEE MEETING MINUTES 15 JANUARY 2024

CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Amelia Lorentson
That the meeting be closed to the public pursuant to section 254J(3)(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) of the Local Government Regulation 2012, for the purpose of discussing:
 Item 7.1 - Confidential - CN00427 Garth Prowd Bridge Upgrade - Tender Award;  Item 7.2 - Confidential - Contract Award Report - Contract No. CN00511 - Noosa Spit Nourishment; and  Item 7.3 - Confidential - RP00359 - Register of Prequalified Suppliers for Construction of Pathways, Kerb, Channel, Drainage Pits & Associated Works.

Carried unanimously.

RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Joe Jurisevic
That the meeting be re-opened to the public.
Carried unanimously.

7.1. CN00427 GARTH PROWD BRIDGE UPGRADE - TENDER
AWARD

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the report by the Project Manager to the General Committee Meeting dated 15 January 2023 and A. Award Contract No. CN00427 Garth Prowd Bridge Upgrade to Marine & Civil Maintenance Pty Ltd for the lump sum price of as provided in their conforming tender documentation; and B. Delegate to the Chief Executive Officer the power to negotiate, finalise and execute the Contract on behalf of Council.
Carried unanimously.
GENERAL COMMITTEE MEETING MINUTES 15 JANUARY 2024

7.2. CONTRACT AWARD REPORT - CONTRACT NO. CN00511
- NOOSA SPIT NOURISHMENT

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Brian Stockwell
That Council
A. Note the report by the Project Manager to the General Committee Meeting dated 15 January 2024; B. Award Contract No. CN00511 for Noosa Spit Nourishment to Hall Contracting Pty Ltd for a schedule of rates contract for the construction contract value as provided in the conforming tender documentation with works being completed on or before 30 September 2024 (“the Contract”); and C. Delegate to the Chief Executive Officer the power to negotiate, finalise, execute and administer the Contract on behalf of Council.
Carried unanimously.

7.3. RP00359 - REGISTER OF PREQUALIFIED SUPPLIERS FOR
CONSTRUCTION OF PATHWAYS, KERB, CHANNEL, DRAINAGE PITS &
ASSOCIATED WORKS

Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
That Council
A. Note the report by the Roads Infrastructure Coordinator to the General Committee Meeting dated 15 January 2024; B. Award Contract No. RP00359 for a Register of Pre-qualified Suppliers for Construction of Pathways, Kerb, Channel, Drainage Pits & Associated Works for a period of two (2) years commencing on 1 February 2024 to the following suppliers:
i. Exceed Concrete Construction Pty Ltd
ii. Pentacon Pty Ltd
iii. Sunshine Civil Solutions Pty Ltd
iv. The Trustee For Integral Concreting Services Family Trust t/as Assured Concreting Services v. Wilson Concreting Constructions Pty Ltd, and vi. Yeti Services Pty Ltd; C. Delegate to the Chief Executive Officer the power to negotiate, finalise, execute and administer the Contract on behalf of Council; D. Subject to satisfactory performance of the suppliers, authorise the CEO to approve the option to extend the contract at the expiry of initial term for a further three (3) terms of up to twelve (12) months each ending on 31 January 2029; E. Authorise the CEO to approve the addition of new suppliers to Contract No. RP00073 for the Register of Pre-qualified Suppliers for Construction of Pathways, Kerb, Channel, Drainage Pits & Associated Works as a result of an advertised refresh at the expiry of the initial term and term extensions.
Carried unanimously.
GENERAL COMMITTEE MEETING MINUTES 15 JANUARY 2024

8. MEETING CLOSURE

The meeting closed at 03:31 PM

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