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Ordinary Meeting

Thursday, 15 February 2024 @ 5:00PM - #581
Meeting Duration: 1 hour and 2 minutes

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

Disaster Reconstruction 48m at Black Mountain, Caretaker Governance cancels meetings, Planning approvals: Netanya parking contribution, Tewantin subdivision, Landfill koala safeguards, Leadership Farewell and Condolences.

Speaker timeline10 speakers

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0:000:100:200:310:410:511:02 Clare Stewart (Chair)Clare Stewart (Chair)Julie CalvertJulie CalvertJoe JurisevicJoe JurisevicBrian StockwellBrian StockwellFrank WilkieFrank WilkieKaren FinzelKaren FinzelAmelia LorentsonAmelia LorentsonLarry SengstockLarry SengstockShaun WalshShaun WalshTom WegenerTom Wegener

Meeting Resources

NoosaWatch Deep Insight Read full insight
Key Decisions & Discussions
• Clare Stewart: Standing Orders suspended to farewell the outgoing Mayor and move two condolence motions; both passed unanimously (00:00) (Opening Resolutions).
• Frank Wilkie: Motion of thanks to the Mayor passed unanimously, noting the disruption of the term and sustained leadership through COVID, floods and inflation (10:13) (Opening Resolutions).
• Council: Approved RAL23/0015 to reconfigure 11 Billabong Way, Tewantin into 2 lots with access easement, with explicit flood and bushfire property notes and building envelopes (Item 5.1 GC) (33:15).
• Council: Approved minor changes and staging to Netanya (71 Hastings St) approvals; amended conditions and agreed to an Infrastructure Agreement for a contribution in lieu of one on‑site car park (Item 5.2 GC) (36:10).
• Joe Jurisevic: Led adoption of “Other change” to Noosa Landfill MCU with added condition requiring koala‑sensitive master planning, signage and permeability for movement; carried unanimously (30:09–36:10) (Item 6.1 GC).
• Council: Noted Services & Organisation committee items: cancel March 2024 meeting cycle on Minister’s advice; capital program status; Lake Macdonald Dam project update (Item 8.2).
• Council: Noted Financial Performance Report YTD Jan 2024 with sustainability indicators (Item 6.2 GC).
• Council: Endorsed two ALGA National General Assembly motions (psychosocial WHS parity for elected reps; wastewater recycling and trust/sustainability) with authority for CEO to make minor edits (Item 6.3 GC).
• Council: Noted 2023–24 Operational Plan Q2 progress and KPI status (Item 6.4 GC).
• Council: Noted disaster reconstruction program update for 2022 flood event; $148m allocated program across landslips, stormwater, roads, and community assets, with Black Mountain landslide the ~$50m centrepiece (37:22–57:58) (Item 9.1).
• Council: Two condolence motions carried for Brian Lawson and Maureen Farrington, acknowledging significant community contributions (22:19–25:00) (Opening Resolutions).
• Council: Planning applications decided by delegation noted (Item 6.1 P&E); handled with one prescribed conflict addressed (see Conflicts) (19:40; 6.1 P&E).
Contentious / Transparency Matters
• Election Governance: March 2024 meeting round cancelled contingent on Ministerial direction, to avoid decisions during caretaker sensitivities; clarity given by resolution (Item 5.1 S&O) (32:42).
• Netanya Parking: Acceptance of a contribution in lieu of one car space via Infrastructure Agreement may attract scrutiny on cumulative parking shortfalls on Hastings St; conditions amended and documented (Item 5.2 GC) (36:10).
• Kin Kin Quarry: Mayor referenced ongoing legal action and awaiting judgment; demonstrates pursuit of community amenity outcomes yet outcome not discussed substantively in meeting items (00:00).
• Community Comms: Black Mountain works to generate noise and truck movements; proactive “digital doorknock” with ~50 active contacts and direct contractor access for abutters described (50:06–52:00) (Item 9.1).
Legal / Risk
• Planning Act 2016 s63(5): Statutory noting recorded for RAL23/0015, Netanya minor change, and the landfill MCU change – ensuring lawful reasons and conditions are on record (Items 5.1, 5.2 GC; 6.1 GC).
• Landfill MCU Risk Controls: Koala Sensitive Design Guideline (DES, Dec 2022) embedded into future masterplanning; signage and permeability to mitigate fauna strike/habitat fragmentation risks (30:09–36:10) (Item 6.1 GC).
• Flood/Bushfire: RAL at Billabong Way imposes building envelopes and hazard notes referencing 1% AEP flood extents and mandated bushfire siting/construct standards, reducing life/property risk (Item 5.1 GC).
• Financial Exposure: Disaster program cashflow buffered by QRA’s upfront ~30% funding; escalation expected with Black Mountain piling and concrete works; continuous monitoring with Finance (45:04–48:34) (Item 9.1).
• Geotechnical Mapping: Council leveraging unprecedented geotech to update instability risk mapping Shire‑wide, improving future land-use and works planning (54:10–54:41) (Item 9.1).
Conflicts of Interest
• Brian Stockwell: Declared a prescribed conflict in delegated approvals list due to personal engagement of Suncoast Building Approvals; left chamber for consideration and vote, then returned (19:40) (Item 6.1 P&E).
Environmental Concerns
• Council: Landfill MCU change acknowledges removal of Melaleuca swamp; while not preferred koala habitat, offsets and koala‑friendly design required going forward (33:15–34:51) (Item 6.1 GC).
• Julie Calvert: Stormwater renewals upgraded to box culverts to restore fish passage and improve riverine habitat connectivity to Mary River (45:04–47:30) (Item 9.1).
• Council: Ongoing conservation acquisitions noted by Mayor; now 43% of Shire under environmental management, tracking to 48% by 2028 (00:00).
Short Term Accommodation / Housing
• Clare Stewart: Cited STA reforms: separate rating category, local law for amenity, and a 24/7 hotline; highlighted as firsts in Queensland (00:00).
• Clare Stewart: Housing Strategy advanced; tiny homes pilot with U-Turn and funding for crisis/transitional accommodation positioned as impact measures (00:00).
Disaster Reconstruction & Infrastructure
• Julie Calvert: Program totals $148m allocated; includes REPA, Betterment, exceptional circumstances, community assets, cleanup and flood risk monitoring; Resilient Homes Fund tracked separately (37:38–45:04) (Item 9.1).
• Council: Black Mountain landslide mitigation: 1,800m subsoil drains installed; piling, steel and concrete to follow; significant noise and haulage anticipated; no amber/red risks reported (48:44–50:25) (Item 9.1).
• Julie Calvert: Betterment leveraged at Middle Creek Rd and Shrabers Rd (Seqwater collaboration to hang water main) with co‑contributions from other grants to minimise Council budget impact (45:04–48:34) (Item 9.1).
• Brian Stockwell: Framed works scale as unprecedented – annual capital typically ~$15–17m versus an order‑of‑magnitude surge post‑disaster – crediting early engagement of specialist engineers and QRA access (57:58–01:00:16) (Item 9.1).
Election Period & Governance
• Council: March meeting cycle cancellation aligned with Minister’s formal advice, consistent with caretaker principles under the Local Government Act 2009 (Item 5.1 S&O).
• Clare Stewart: Confirmed stepping down ahead of election; Standing Orders adjusted to facilitate orderly transition acknowledgments (00:00) (Opening Resolutions).
Official Meeting MinutesRead minutes ↗
MINUTES

Ordinary Meeting

Thursday, 15 February 2024

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 15 FEBRUARY 2024

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
Acting Director Infrastructure Services Shaun Walsh
Director Development & Regulation Richard MacGillivray

APOLOGIES
Nil.

Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Frank Wilkie
I move that the operation of the Standing Orders or any relevant provision thereof be suspended to allow:
1. the Mayor, who is standing down at the upcoming elections, to farewell Council; and
2. Council to move 2 motions of condolence.
Carried unanimously.

Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Joe Jurisevic
That Council thank Mayor Clare Stewart for her service to the Noosa Community and the Noosa Council.
Carried unanimously.

Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Frank Wilkie
That Council move a motion of condolence on the passing of Pomona resident Brian Lawson, acknowledging Brian’s significant contribution to the Noosa Community.
Carried unanimously.
ORDINARY MEETING MINUTES 15 FEBRUARY 2024

Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Frank Wilkie
That Council move a motion of condolence on the passing of Noosa resident, Maureen Farrington, acknowledging Maureen's significant contribution to the Noosa Community.
Carried unanimously.

Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Frank Wilkie
That Standing Orders be resumed.
Carried unanimously.

2. CONFIRMATION OF MINUTES

2.1. ORDINARY MEETING MINUTES 18 JANUARY 2024

Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
The Minutes of the Ordinary Meeting held on 18 January 2024 be received and confirmed.
Carried unanimously.

3. MAYORAL MINUTES

Nil.

4. PETITIONS

Nil.

5. NOTIFIED MOTIONS

Nil.

6. PRESENTATIONS
ORDINARY MEETING MINUTES 15 FEBRUARY 2024

Nil.

7. DEPUTATIONS

Nil.

8. CONSIDERATION OF COMMITTEE REPORTS

8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 6 FEBRUARY 2024

ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Tom Wegener (Chair)
Cr Karen Finzel (via Microsoft Teams)
Cr Clare Stewart
Cr Brian Stockwell

NON-COMMITTEE COUNCILLORS
Cr Amelia Lorentson

EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Development & Regulation Richard MacGillivray

APOLOGIES
Nil.

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1. RAL23/0015 DEVELOPMENT APPLICATION TO RECONFIGURE A LOT
(1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 11 BILLABONG WAY,
TEWANTIN
That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue.

5.2. 51901.3614.03, 51901.3786.04, 51992.479.03, 51994.1048.03,
51994.1249.03, MCU13/0081.03 – MINOR CHANGE TO DEVELOPMENT
APPROVALS FOR 47 MULTIPLE DWELLINGS, ENTERTAINMENT & DINING
- TYPE 1 FOOD & BEVERAGE AND RETAIL BUSINESS - TYPE 1 LOCAL
AND TYPE 2 SHOP & SALON AT ‘NETANYA’ - 71 HASTINGS STREET
NOOSA HEADS DESCRIBED AS LOT 0 ON BUP101500
That Planning & Environment Committee Agenda Item 5.2 be referred to the General Committee for further consideration.
ORDINARY MEETING MINUTES 15 FEBRUARY 2024

6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
OCTOBER 2023
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell declare I have a prescribed conflict of interest in this matter as follows: Suncoast Building Approvals are identified as the applicant in number 14 for Development Application EXE23/0039,15 for Development Applications EXE23/0040 and 16 for Development Applications and EXE23/0040. I contracted Suncoast Building Approvals to undertake Building Certification for my proposed residence in Boreen Point on the 29 November 2021. This process is currently underway. The total fees associated with the completion of the certification and inspection regime is $5,904 which includes Noosa Council Plumbing and Drainage fees. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.
Cr Stockwell left the meeting.

Council Resolution
Moved: Cr Clare Stewart
Seconded: Cr Amelia Lorentson
That Council note the report by the Development Assessment Manager to the Planning & Environment Committee Meeting dated 6 February 2024 regarding planning applications that have been decided by delegated authority.
Carried unanimously.
Cr Stockwell returned to the meeting.

Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That the report of the Planning and Environment Committee meeting dated 6 February 2024 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.

8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 6 FEBRUARY 2024

ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Amelia Lorentson (Chair)
Cr Joe Jurisevic
Cr Clare Stewart
Cr Frank Wilkie

NON COMMITTEE MEMBERS
Cr Tom Wegener
Cr Karen Finzel
ORDINARY MEETING MINUTES 15 FEBRUARY 2024

EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Acting Director Infrastructure Services Shaun Walsh
Director Development & Regulation, Richard MacGillivray

APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1. CESSATION OF MARCH 2024 COUNCIL MEETINGS
That Council note the report by the Chief Executive Officer to the Services & Organisation Committee dated 6 February 2024 and cancel the March 2024 round of meetings, consisting of the Planning & Environment Committee meeting dated 5 March, the Services & Organisation Committee meeting dated 5 March, the General Committee meeting dated 11 March and the Ordinary Meeting dated 14 March 2024, on receipt of the formal advice from the Minister for Local Government to do so.

6.1. CAPITAL PROGRAM 2023/24 DELIVERY STATUS
That Council note the report by the Infrastructure Planning Officer to the Services & Organisation Committee Meeting dated 6 February 2024 providing an update on the delivery of the 2023/2024 Capital Program as at 31 December 2023.

6.2. LAKE MACDONALD DAM IMPROVEMENT PROJECT - FEBRUARY 2024
UPDATE
That Council Note the report by the Disaster and Disruption Resilience Officer to the Services & Organisation Committee dated 6 February 2024 providing an update on the Lake Macdonald Dam Improvement Project by Seqwater.

Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Joe Jurisevic
That the report of the Services & Organisation Committee meeting dated 6 February 2024 be received and the recommendations therein be adopted.
Carried unanimously.

8.3. GENERAL COMMITTEE MEETING REPORT - 12 FEBRUARY 2024

ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
ORDINARY MEETING MINUTES 15 FEBRUARY 2024

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

APOLOGIES
Nil.

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1. RAL23/0015 DEVELOPMENT APPLICATION TO RECONFIGURE A LOT
(1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 11 BILLABONG WAY,
TEWANTIN (REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE
MEETING DATED 6 FEBRUARY 2024 - ITEM 5.1 - FOR FURTHER
CONSIDERATION)
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 6 February 2024 regarding Application No. RAL23/0015 for a Development Permit for Reconfiguring a Lot – 1 lot into 2 lots and Access Easement situated at 11 Billabong Way Tewantin and:
A. Approve the application in accordance with the proposed conditions outlined in Attachment 1 to the GC Minutes dated 12 February 2024 - RAL23/0015 Amended Conditions B. Include the following Property Notes on the approved lots:
Lot 1
1. During inclement weather events up to and beyond the 1% AEP event, this lot experiences flooding along the eastern and southern property boundaries.
2. All structures are to be constructed within the building envelope shown on the approved plan. For more information refer to Council Approval RAL23/0015.
3. To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited constructed in accordance with the bushfire management conditions of Council Approval RAL23/0015.
Lot 2
4. During inclement weather events up to and beyond the 1% AEP event, this lot experiences flooding along the eastern property boundary.
5. All structures are to be constructed within the building envelope shown on the approved plan. For more information refer to Council Approval RAL23/0015.
6. To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited constructed in accordance with the bushfire management conditions of Council Approval RAL23/0015.
C. Include the following Reference Document:

D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
ORDINARY MEETING MINUTES 15 FEBRUARY 2024

5.2. 51901.3614.03, 51901.3786.04, 51992.479.03, 51994.1048.03,
51994.1249.03, MCU13/0081.03 – MINOR CHANGE TO DEVELOPMENT
APPROVALS FOR 47 MULTIPLE DWELLINGS, ENTERTAINMENT & DINING
- TYPE 1 FOOD & BEVERAGE AND RETAIL BUSINESS - TYPE 1 LOCAL AND
TYPE 2 SHOP & SALON AT ‘NETANYA’ - 71 HASTINGS STREET NOOSA
HEADS DESCRIBED AS LOT 0 ON BUP101500 (REFERRED FROM
PLANNING & ENVIRONMENT COMMITTEE MEETING DATED 6 FEBRUARY
2024 ITEM 5.2 - DUE TO SIGNIFICANCE OF THE ISSUE.)
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 6 February 2024 regarding Application No.s 51901.3614.03 51901.3614, 51901.3786.04, 51992.479.03, 51994.1048.03,
51994.1249.03, MCU13/0081.03 to make a minor change to existing approvals for staging and minor changes to refurbishment works situated at Netanya 71 Hastings St Noosa Heads Qld 4567 and:
A. Approve the change.
B. Amend conditions as outlined in Attachment 2 to the GC Minutes Dated 12 February 2024 – MCU13/0081.03 – Amended Conditions.
C. Agree to enter into an Infrastructure Agreement with the applicant that provides for contributions in lieu one on site car parking space.
D. Include amended and additional conditions as outlined in Attachment 1 on
51901.3614.01, 51901.3786.02, 51992.479.01, 51994.1249.01, 51994.1048.01 and MCU13/0081.01.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

6.1. 132005.638.03 - OTHER CHANGE TO AN EXISTING APPROVAL FOR
MATERIAL CHANGE OF USE – EXPANSION OF SPECIAL PURPOSE
(WASTE DISPOSAL AND RECYCLING FACILITY) & ONGOING CLEARING
PURPOSES AT 561 EUMUNDI NOOSA ROAD, DOONAN

Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Brian Stockwell
That Council note the report prepared by external consultant (JFP Urban Consultants) to the General Committee Meeting dated 12 February 2024 regarding Application No. 132005.638.03 for an Other change application to an existing approval for Material Change of Use – Waste Disposal & Recycling Facility and Ongoing Clearing Purposes, situated at Noosa Landfill at 561 Eumundi Noosa Rd Doonan Qld 4562 and:
A. Approve the application in accordance with the proposed conditions outlined in Attachment 1; B. Advise the applicant that any future Masterplan for the site must include koala friendly measures generally in accordance with the Koala Sensitive Design Guideline, prepared by the Department of Environment and Science dated December 2022. This must include but not limited to:
i. Where practicable installation of koala advisory signage within the site and on adjacent Council controlled roads.
ii. Facilitate landscape permeability and safe koala movement around and through the development site.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
D Note a full copy of the conditions is provided at Attachment 3 to the GC Minutes dated 12 February 2024 - 132005.638.03 - Full copy of conditions.
ORDINARY MEETING MINUTES 15 FEBRUARY 2024

Carried unanimously.

6.2. FINANCIAL PERFORMANCE REPORT – JANUARY 2024
That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 12 February 2024 outlining January 2024 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators.

6.3. COUNCILLOR MOTIONS FOR SUBMISSION TO ALGA NATIONAL
GENERAL ASSEMBLY 2024
That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 12 February 2024 regarding motions to the Australian Local Government Association National General Assembly 2024 and:
A. Approve the following motion, initiated by Cr Finzel, to be submitted to the Australian Local Government Association: "This National General Assembly calls on the Australian Government in establishing pro-active steps to identify the core elements required to create a strategic, collaborative and consistent national approach and potentially policy changes in providing equal rights for Elective Representatives in relation to Psychosocial Safety Legislation and Workplace Health & Safety." B. Approve the following motion, initiated by Cr Lorentson, to be submitted to the Australian Local Government Association: "This National General Assembly calls on the Australian Government to strengthen environmental Initiatives and invest in wastewater recycling and adopt a collaborative approach for Trust and Sustainability." C. Approve (if elected at upcoming Local Government elections), Crs Finzel & Lorentson to present their motions at the National General Assembly.
D. Authorise the CEO to make minor amendments to the submissions prior to submitting to ALGA.

6.4. OPERATIONAL PLAN 2023-24 Q2 QUARTERLY REPORT
That Council note the report by the Chief Executive Officer (Acting) to the General Committee Meeting dated 12 February 2024 regarding the 2023-24 Operational Plan and:
A. Note the progress report for Q2 2023-24 Operational Plan to 31 December 2023 provided as Attachment 1; B. Note the comments on the progress of all initiatives provided as Attachment 2; and C. Note the status of Council's Key Performance Indicators provided as Attachment 3

Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That the report of the General Committee meeting dated 12 February 2024 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
ORDINARY MEETING MINUTES 15 FEBRUARY 2024

9. ORDINARY MEETING REPORTS

9.1. DISASTER RECONSTRUCTION FOLLOWING 2022 RAIN EVENT -
FEBRUARY 2024 UPDATE

Council Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Reconstruction Coordinator to the Ordinary Meeting dated 15 February 2024 providing an update on the progress of disaster reconstruction resulting from the 2022 flood event.
Carried unanimously.

10. CLOSED SESSION

Nil.

11. PUBLIC QUESTION TIME

Nil.

12. NEXT MEETING

The next Ordinary Meeting is to be determined following the local government election.

13. MEETING CLOSURE

The meeting closed at 06:03 PM

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