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General Committee

Monday, 12 August 2024 @ 12:30PM - #712
Meeting Duration: 4 hours and 39 minutes

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

Cooroy Car Wash deferred over traffic, Council defending STA appeals, Delegations tightened, BR1 adopted but Futures Fund rejected, Go Noosa endorsed incl. Lions Park overflow parking.

Agenda, decisions & supporting documents

Inside this meeting

Applications and addresses mentioned in this transcript

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Timeline axis: Click segments to watch NoosaWatch TV

0:000:461:332:193:063:524:39 Brian StockwellBrian StockwellAmelia LorentsonAmelia LorentsonFrank WilkieFrank WilkieShaun WalshShaun WalshNadine GordonNadine GordonPatrick MurphyPatrick MurphyKaren FinzelKaren FinzelSuzie McDonaldSuzie McDonaldPaulinePaulineDebDebTrent GraufTrent GraufJessica PhillipsJessica PhillipsNicola WilsonNicola WilsonTom WegenerTom WegenerRichard MacGillivrayRichard MacGillivrayJonci WolffJonci WolffLarry SengstockLarry SengstockKerri ContiniKerri Contini

NoosaWatch Meeting Insight

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Full Meeting Insight
Key Decisions & Discussions
• Cooroy Car Wash (MCU22/0201) : Approval motion lapsed; matter deferred to Ordinary Meeting to allow applicant’s and Council’s traffic consultants to resolve queuing/access concerns (Item 5.1; 45:51–1:09:36).
• Short-term Accommodation appeals : Council resolved to defend three Planning & Environment Court appeals: two STA refusals at Cootharaba and Kin Kin (6.1–6.2), and a Noosaville childcare refusal (6.3) (1:17:24–1:29:14).
• Delegations to CEO : Annual Register of Delegations adopted with strengthened planning triggers ensuring contentious applications (e.g., inconsistent uses, biodiversity clearing, heritage removal, >30 submissions) come to Council (6.4; 1:42:41–1:53:05).
• Budget Review 1 (2024/25) : BR1 adopted; initial Futures Fund “seed funding” proposal using unspent Zero Emissions allocations failed (For 3–Against 4) (6.5; 2:02:11–2:33:13).
• Financial Performance : July 2024 tracking slightly ahead on revenue and underspent on expenses; cash reserves ~$95m; rates due 16 Aug will lift cash (6.6; 2:33:36–2:46:25).
• Annual Performance Report : 69% of 2023/24 operational initiatives complete/on track; focus to sharpen outcome measures and align spend to strategic priorities (6.7; 2:47:15–3:07:19).
• Emu Mountain Rd Shared Path : Supported Option 1b on north side; Sunshine Coast Council to fund, build and maintain; TMR to manage roundabout crossing risk (6.8; 3:08:02–3:18:55).
• Go Noosa 2024/25 : Program endorsed incl. free buses, tech trial for parking data, and Main Beach Drop-Off Zone over peak; review Flexilink/Council Cabs (6.9; 3:29:28–4:38:40).
• Noosa Heads Lions Park : Approved overflow paid parking for 14 Dec–28 Jan and 2–21 Apr; CEO to negotiate fees; intent to consult DoR and the community and fold future determinations into Parking Management Plan (Amendments carried) (6.9; 3:48:54–4:13:32).
• Delorme St Deputation : Residents object to Planning Scheme Amendment No. 2 making houses/duplexes “inconsistent” in medium/high density zones; allege inadequate consultation and economic impact gaps (4.1; 01:12–12:25).
Contentious / Transparency Matters
• Suzie McDonald (Delorme St) : Cited Minister’s Guidelines requiring direct notice to each affected owner; argued 2020 Plan adopted amid COVID with low awareness; sought independent economic analysis and genuine engagement (4.1; 01:12–12:25).
• Car Wash process : Late traffic concerns surfaced “on the day” of prior meeting; deferral granted to allow right-of-reply and expert-to-expert discussion (Item 5.1; 45:51–1:09:36).
• Lions Park parking : Sharp split on whether prior consultation sufficed; majority insisted on specific engagement before any permanent change, while one view held community already opposed open-space parking via DMP/liveability inputs (6.9; 3:55:36–3:58:14, 4:02:40).
• Futures Fund : Debate framed between climate action urgency vs. cost-of-living optics and levy risks; motion lost; transparency requested on policy design, funding sources, and community input (6.5; 2:05:41–2:32:49).
Legal / Risk
• STA litigation posture : Council to defend three appeals; budgeted P&E litigation ~A$1m FY25; past overruns met via savings; costs depend on duration/mediation (6.1–6.3; 1:20:57–1:23:30).
• Planning Act 2016 : Delegations refined to ensure Council decides inconsistent uses, significant biodiversity/heritage impacts, superseded-scheme extensions, and high-submission matters—mitigating legal/reputational risk (6.4; 1:50:35–1:53:05).
• Car Wash consistency : In Noosa Plan, car wash is impact-inconsistent in District Centre; staff warned loss of centre-zoned land, character/streetscape conflicts, and unresolved queuing/access; SARA had no objection subject to standard conditions (Item 5.1; 14:55–51:11).
• Lions Park (Land Act) : Historical DoR view deemed parking inconsistent; staff noted recent Land Act changes place onus on Council to engage and manage uses in public interest, suggesting a land management plan and consultation (6.9; 4:14:13–4:16:42).
• Emu Mountain crossing : Safety risk acknowledged; TMR jurisdiction reduces Council liability but necessitates interagency mitigation (6.8; 3:12:53–3:13:40).
Conflicts of Interest
• Nicola Wilson : Declarable COI on Cooroy car wash (partner lodged one of 520 submissions); Council permitted participation, deeming public interest trust maintained; she did not vote on the COI motion (Item 5.1; 13:09–14:42).
Planning Scheme & Zoning Changes (Delorme St)
• Suzie McDonald : Opposed making houses/duplexes “inconsistent” in medium/high density zones; alleged fairness issues vs. nearby low-density streets; called for economic impact assessment and inclusive, timely engagement (4.1; 01:12–12:25).
• Response : Brian Stockwell confirmed submissions will inform staff report with suggested amendments (12:25).
Short Term Accommodation / Litigation
• Tom Wegener : Framed rural STA refusals as protecting hinterland residential amenity; Council majority voted to defend (6.1–6.2; 1:21:52–1:27:33).
• Jessica Phillips : Opposed inundation by STA but urged reconsidering assessment approach to avoid costly appeals (6.2; 1:26:56–1:27:33).
Transport, Parking & Go Noosa
• Main Beach Drop-Off Zone : Endorsed for peak period; improves safety/access regardless of parking fullness; staff to optimise disabled, scooter/bike bays, and consider temporary toilets (6.9; 4:17:53–4:18:44, 4:24:19–4:28:22).
• Lions Park : Parking allowed for specified peak dates; CEO to negotiate fees; Council to notify DoR; future use subject to specific consultation and Parking Management Plan (6.9; 3:48:54–4:13:32).
• Data-led management : Car-park tech trial and VMS boards to inform drivers and feed Parking Management Plan; free buses and loop bus validated by resident uptake (6.9; 3:29:28–3:36:12, 4:24:19–4:28:22).
• Local Loop (bus priority) : Noted for workshop referral to encourage bus usage/frequency (6.9; 3:36:12–3:36:46).
Budget & Financial Sustainability
• BR1 outcome : Shift to a modest forecast deficit (-$140k); capital carryovers raise program to ~$132m with QRA projects; aim to return to surplus via emergent savings (6.5; 1:55:31–2:01:10).
• Futures Fund debate : Climate-action reserve proposal (using prior ZEN underspends) failed; staff to develop long-term funding strategy incl. levies/visitor charges/alternative models before consultation (6.5; 2:13:32–2:21:24).
Environmental & Active Transport
• Emu Mountain Rd Shared Path : Benefits Peregian Breeze–Beach connectivity and congestion reduction; Sunshine Coast Council funds and maintains; environmental mitigation to include revegetation/offsets (6.8; 3:08:02–3:15:22).
• Car Wash environmental claims : Staff cautioned benefits are contingent on behavioral shift; site not in Lake Macdonald catchment; accurate framing is “opportunity” for improved water quality (Item 5.1; 32:08–32:51).
Full Official Meeting Minutes
MINUTES

General Committee
Meeting

Monday, 12 August 2024

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

Committee: Crs Brian Stockwell (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Tom Wegener, Frank Wilkie, Nicola Wilson

“Noosa Shire – different by nature”
GENERAL COMMITTEE MEETING MINUTES 12 AUGUST 2024

1. ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Amelia Lorentson
Cr Jessica Phillips
Cr Tom Wegener
Cr Frank Wilkie
Cr Nicola Wilson

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

APOLOGIES
Nil.

2. CONFIRMATION OF MINUTES

Committee Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Frank Wilkie
The Minutes of the General Committee Meeting held on 15 July 2024 be received and confirmed.
Carried unanimously.

3. PRESENTATIONS

Nil.

4. DEPUTATIONS

4.1. DEPUTATION - PLANNING SCHEME AMENDMENTS RELATING TO
DELORME ST, NOOSA HEADS
APPLICANT - SUZIE MCDONALD
SPEAKERS - SUZIE MCDONALD
GENERAL COMMITTEE MEETING MINUTES 12 AUGUST 2024

5. ITEMS REFERRED FROM COMMITTEES

5.1. MCU22/0201 APPLICATION FOR MATERIAL CHANGE OF USE FOR CAR
WASH AND FOOD & DRINK OUTLET AT 34 ELM STREET, COOROY

In accordance with Chapter 5B of the Local Government Act 2009, Cr Nicola Wilson provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Nicola Wilson, inform the meeting that I have a declarable conflict of interest in this matter as my partner, Roy Vanderberg, made a submission to this application when it was notified for 15 business days in 2023 in accordance with the Planning Act 2016 and received 520 properly made submissions. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because this is one submission of 500 and neither Roy nor myself have a financial interest in the outcome. 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 Frank Wilkie
Seconded: Cr Jessica Phillips
That Council note the declarable conflict of interest by Cr Wilson and determine that Cr Wilson 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 Wilson did not vote on the above motion.

Motion
Moved: Cr Amelia Lorentson
Seconded: Nil
That Council note the report by the Co-ordinator Planning to the Planning & Environment Committee Meeting dated 6 August 2024 regarding MCU22/0201 for a development permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and:
A. Approve the application.
B. Delegate to the Chief Executive Officer to issue a Development Permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and impose reasonable and relevant conditions on the approval.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
D. Find the following matters relevant to the assessment and sufficient reason to approve the application:
1. There is a strong level of economic, community and planning need for the development in this location.
2. There is no car wash currently provided within Cooroy and the Noosa Hinterland and no other suitable land immediately available for that purpose.
GENERAL COMMITTEE MEETING MINUTES 12 AUGUST 2024

3. The proposed development will provide substantial community benefit and will not cause any adverse impacts on the amenity and character of the area.
4. The proposed development accords with reasonable community expectations, given the significant number of submissions in support that have been received.
5. There will be significant environmental benefits for a car wash to be provided in the location, resulting in an opportunity to improve water quality entering local waterways, including Lake Macdonald.
6. A car wash is for the commercial washing of vehicles, which is a complementary use to the existing service stations in this location, which will result in the sharing of facilities and reduced traffic movements.
7. Conditions can be imposed to address any issues raised by submitters about the hours of operation of the development.
The motion lapsed for want of a seconder.

Procedural Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Frank Wilkie
That the matter be deferred to the Ordinary Meeting dated 15 August 2024 to allow the applicant's consultant to discuss traffic issues raised with Council's traffic consultant.
Carried unanimously.

6. REPORTS DIRECT TO GENERAL COMMITTEE

6.1. APPEAL D96 OF 2024 RELATING TO REFUSUAL OF MCU24/0003
MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT
428 COOTHARABA ROAD, COOTHARABA

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Frank Wilkie
That Council note the report by the Development Planner to the General Committee Meeting dated 12 August 2024 regarding Planning & Environment Court Appeal D96 of 2024 and agree to defend the appeal.
For: Crs Lorentson, Finzel, Wegener, Wilkie, Wilson, Stockwell.
Against: Cr Phillips
Carried.

6.2. APPEAL 1997 OF 2024 RELATING TO REFUSUAL OF MCU23/0101
MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT
561 GYMPIE KIN KIN ROAD, KIN KIN
GENERAL COMMITTEE MEETING MINUTES 12 AUGUST 2024

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Karen Finzel
That Council note the report by the Senior Development Planner to the General Committee Meeting dated 12 August 2024 regarding Planning & Environment Court Appeal 1997 of 2024 and agree to defend the appeal.
For: Crs Lorentson, Finzel, Wegener, Wilkie, Wilson, Stockwell.
Against: Cr Phillips
Carried.

6.3. APPEAL 1998 OF 2024 RELATING TO REFUSUAL OF MCU22/0094
MATERIAL CHANGE OF USE FOR CHILDCARE CENTRE AT 28 EENIE
CREEK ROAD, NOOSAVILLE

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie
That Council note the report by the Coordinator Planning to the General Committee Meeting dated 12 August 2024 regarding Planning & Environment Court Appeal 1998 of 2024 and agree to defend the appeal.
Carried unanimously.

6.4. ANNUAL REVIEW - REGISTER OF DELEGATIONS - COUNCIL TO CEO

Committee Recommendation
Moved: Cr Nicola Wilson
Seconded: Cr Frank Wilkie
That Council
A. Note the report by the Governance Officer to the General Committee Meeting dated 12 August 2024 regarding Council's Annual Delegation Review; and B. Adopt the Register of Delegations – Council to Chief Executive Officer Pursuant to section 257 of the Local Government Act 2009, to delegate the powers of the Local Government outlined in the Register of Delegations provided in Attachment 1, to the Chief Executive Officer of Council

Carried unanimously.

6.5. BUDGET REVIEW 1 (BR1) FOR THE 2024/25 FINANCIAL YEAR

Motion
Moved: Cr Brian Stockwell
Seconded: Cr Nicola Wilson
That Council
A. Note the report by the Financial Services Manager to the General Committee Meeting dated 12 August 2024 and approve the proposed
GENERAL COMMITTEE MEETING MINUTES 12 AUGUST 2024

changes to the Budget and Schedule of Fees and Charges for the 2024/25 financial year as outlined in the Revised Budget Financial Statements provided in Attachments 1 - 5 to the report; and B. Identify the amount returned to unconstrained cash reserves from unspent budgetary allocations for the Zero Emissions Noosa program in the 202223 and 2023-24 financial years as 'seed funding' for the commencement of the proposed "Futures Fund", noting that the intent of the fund is to generate a reserve for potential large scale climate action projects and to demonstrate Council's ongoing commitment to reducing the emissions from its operations.

For: Crs Wegener, Stockwell and Wilkie
Against: Crs Phillips, Lorentson, Wilson and Finzel
Lost.

Committee Recommendation
Moved: Cr Jessica Phillips
Seconded: Cr Tom Wegener
That Council note the report by the Financial Services Manager to the General Committee Meeting dated 12 August 2024 and approve the proposed changes to the Budget and Schedule of Fees and Charges for the 2024/25 financial year as outlined in the Revised Budget Financial Statements provided in Attachments 1 - 5 to the report.
Carried unanimously.

6.6. FINANCIAL PERFORMANCE REPORT – JUL 2024

Committee Recommendation
Moved: Cr Nicola Wilson
Seconded: Cr Karen Finzel
That Council note the report by the Financial Services Manager to the General Committee Meeting dated 12 August 2024 outlining July 2024 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. ANNUAL PERFORMANCE REPORT INCLUDING Q4 OPERATIONAL PLAN
2023-24 PROGRESS REPORT

Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That Council note the report by the Chief Executive Officer to the General Committee dated 12 August 2024 regarding the Annual Performance Report and:
A. Note the progress report outlining Council's performance over 2023-24 financial year and detailing the status of initiatives in the 2023-24 Operational Plan to 30 June 2024 provided as Attachment 1; and
GENERAL COMMITTEE MEETING MINUTES 12 AUGUST 2024

B. Note the status of Council's Key Performance Indicators as provided as Attachment 2.
C. Note the development of indicators which support the Corporate Plan performance measures as provided as Attachment 3.

Carried unanimously.

6.8. EMU MOUNTAIN ROAD - SHARED PATHWAY

Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That Council
A. Note the report by the Director Infrastructure Services to the General Committee Meeting dated 12 August 2024; B. Support a shared path and cycleway along the northern side of Emu Mountain Road described at Option 1b to be funded and constructed by Sunshine Coast Council including the submission of grant applications by Sunshine Coast Council; C. Request Sunshine Coast Council liaise with environmental agencies and stakeholders to mitigate environmental impact of Option 1b including revegetation of batters and consideration of offset planting; D. Note that Noosa Council will refer any ongoing issues or concerns about performance of the crossing on David Low Way and / or vehicular congestion arising from modifications to the David Low Way roundabout to Sunshine Coast Council and TMR for their attention; and E. Authorise the CEO to execute an infrastructure agreement with Sunshine Coast Council for their ongoing maintenance of the proposed shared pathway including pavements, embankments and boardwalks.

Carried unanimously.

6.9. GO NOOSA TRANSPORT INITIATIVES 2023/24 EVALUATION AND 2024/25
IMPLEMENTATION

Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
That Council
A. Note the report by the Acting Director Infrastructure Services to the General Committee meeting dated 12 August regarding the Go Noosa Initiatives; B. Delegate authority to the CEO to approve the ongoing implementation of the Go Noosa initiatives as outlined in this report, subject to Council’s budget processes; C. Note the proposal for Council Officers to undertake a review of the of the Boreen Point Flexilink and Council Cabs service and report back to Council; D. Approve the use of the Noosa Head Lions Park for additional overflow parking in the period from Saturday 14 December 2024 to Tuesday 28
GENERAL COMMITTEE MEETING MINUTES 12 AUGUST 2024

January 2025 and Saturday 2 April 2025 to Monday 21 April 2025 by the Tewantin Noosa Lions Club at their discretion and communicate these intentions with the Queensland Department of Resources.
E. Seek community feedback on the future use of the park.
F. Approve the temporary use of the "Main Beach Local Government Reserve”, adjacent to the Noosa Heads Surf Club, as a “Main Beach Drop Off Zone” for the peak Christmas /New Year’s Eve two-week period including drop-off/pick-up, disability permit holders, scooter/motorbike, Council lifeguards, emergency services vehicles, NYE rapid response area, and additional facilities such as waste collection, temporary toilet block etc.
G. Note that a Parking Management Plan, including a Local Parking Plan for Noosa Heads is under preparation and a Movement and Place study is proposed for the 2025/26FY, that closely considers carparking and circulation in the Main Beach locality including future use of the Noosa Heads Lions Park, the Noosa Heads Bus Station, the Maze Carpark and the Main Beach Local Government Reserve which will wholistically consider the uses, design and circulation within these critical spaces for Noosa Heads and will be subject to community engagement; and H. Note that Council’s resolution on 13 September 2021 that referred the concept of a one-way "Local Loop" with Bus Priority Lane, from Noosa Drive to Noosa Parade be referred to a Councillor workshop to encourage bus usage and frequency.

Amendment Number 1.
Moved: Cr Frank Wilkie
Seconded: Cr Tom Wegener
That Item D be amended to read:
D. Note that, as Council has yet to conduct community engagement specifically on the future use of the Noosa Heads Lions Park Reserve during peak periods as per the Motion of 16 March 2023, approve the use of the reserve for additional overflow parking in the period from Saturday 14 December 2024 to Tuesday 28 January 2025 and Saturday 2 April 2025 to Monday 21 April 2025 by the Tewantin Noosa Lions Club at their discretion and communicate these intentions with the Queensland Department of Resources.
For: Crs Lorentson, Phillips, Finzel, Wegener, Wilkie and Wilson Against: Cr Stockwell Carried.

Amendment No. 2
Moved: Cr Nicola Wilson
Seconded: Cr Tom Wegener
That following item be added to Item D:
1. Authorise the CEO to negotiate fees

For: Crs Wilkie, Wilson, Wegener, Stockwell and Finzel Against: Crs Lorentson, Phillips Carried.
GENERAL COMMITTEE MEETING MINUTES 12 AUGUST 2024

Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
That Council
A. Note the report by the Acting Director Infrastructure Services to the General Committee meeting dated 12 August regarding the Go Noosa Initiatives; B. Delegate authority to the CEO to approve the ongoing implementation of the Go Noosa initiatives as outlined in this report, subject to Council’s budget processes; C. Note the proposal for Council Officers to undertake a review of the of the Boreen Point Flexilink and Council Cabs service and report back to Council; D. Note that, as Council has yet to conduct community engagement specifically on the future use of the Noosa Heads Lions Park Reserve during peak periods as per the Motion of March 16, 2023, approve the use of the Noosa Head Lions Park for additional overflow parking in the period from Saturday 14 December 2024 to Tuesday 28 January 2025 and Saturday 2 April 2025 to Monday 21 April 2025 by the Tewantin Noosa Lions Club at their discretion and that Council communicate these intentions with the Queensland Department of Resources; and
1. Authorise the CEO to negotiate fees.
E. Seek community feedback on the future use of the park;
F. Approve the temporary use of the "Main Beach Local Government Reserve”, adjacent to the Noosa Heads Surf Club, as a “Main Beach Drop Off Zone” for the peak Christmas /New Year’s Eve two-week period including drop-off/pick-up, disability permit holders, scooter/motorbike, Council lifeguards, emergency services vehicles, NYE rapid response area, and additional facilities such as waste collection, temporary toilet block etc; G. Note that a Parking Management Plan, including a Local Parking Plan for Noosa Heads is under preparation and a Movement and Place study is proposed for the 2025/26FY, that closely considers carparking and circulation in the Main Beach locality including future use of the Noosa Heads Lions Park, the Noosa Heads Bus Station, the Maze Carpark and the Main Beach Local Government Reserve which will wholistically consider the uses, design and circulation within these critical spaces for Noosa Heads and will be subject to community engagement; and H. Note that Council’s resolution on 13 September 2021 that allowed the concept of a one-way "Local Loop" with Bus Priority Lane, from Noosa Drive to Noosa Parade be referred to a Councillor workshop to encourage bus usage and frequency.

For: Crs Lorentston, Phillips, Wegener, Wilkie, Finzel and Wilson Against: Cr Stockwell Carried.
GENERAL COMMITTEE MEETING MINUTES 12 AUGUST 2024

7. CONFIDENTIAL SESSION

Nil.

8. MEETING CLOSURE

The meeting closed at 5.10 PM

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