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Ordinary Meeting
Thursday, 18 July 2024 @ 10:00AM - #717
Meeting Duration: 3 hours and 3 minutes
This Noosa Council meeting contains very poor audio quality. This may have affected the transcription below and is beyond our control.
Planning Amendments consultation extended with STA curbs, Noosaville Foreshore redraft after parking backlash, LGAQ motions mandating STA data-sharing, Recycling Hub Stage One approved, Appeals settled.
Key Decisions & Discussions • Council reopened community consultation for Proposed Amendment No. 2 to the Noosa Plan 2020 from 19–28 July 2024, with notification via Facebook, media release and Your Say webpage updates (split vote; Minutes 5.1; Transcript 01:05–01:08). • Multiple petitions received and referred to CEO: opposing Noosaville Foreshore Master Plan (1,511 and 1,663 signatures), opposing Amendment No.2 medium density change (27), and restoring People’s Park carpark (≈1,095) (Minutes 4; Transcript 01:36–04:10, 01:39–01:54). • Further engagement endorsed: redraft the Noosaville Foreshore Infrastructure Master Plan (NFIMP) and pause broader consultation on the Noosa River Catchment Management Plan to align with SEQ Council of Mayors’ Resilient Rivers Catchment Action Plan framework (unanimous) (Minutes 9.1; Transcript 02:20–03:02). • Public Q&A confirmed Council’s 2023 Community Engagement Framework principles and process, and that extra NFIMP engagement round will “close the loop” with a revised draft (Minutes 11.2; Transcript 02:02–02:06). • Recycling & Renewables Hub Masterplan Stage One concept approved, including a Solar Site requiring Impact Assessment with 20 business days of public notification (Minutes 8.3, Item 6.2). • Unitywater Noo
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Key Decisions & Discussions • Council reopened community consultation for Proposed Amendment No. 2 to the Noosa Plan 2020 from 19–28 July 2024, with notification via Facebook, media release and Your Say webpage updates (split vote; Minutes 5.1; Transcript 01:05–01:08). • Multiple petitions received and referred to CEO: opposing Noosaville Foreshore Master Plan (1,511 and 1,663 signatures), opposing Amendment No.2 medium density change (27), and restoring People’s Park carpark (≈1,095) (Minutes 4; Transcript 01:36–04:10, 01:39–01:54). • Further engagement endorsed: redraft the Noosaville Foreshore Infrastructure Master Plan (NFIMP) and pause broader consultation on the Noosa River Catchment Management Plan to align with SEQ Council of Mayors’ Resilient Rivers Catchment Action Plan framework (unanimous) (Minutes 9.1; Transcript 02:20–03:02). • Public Q&A confirmed Council’s 2023 Community Engagement Framework principles and process, and that extra NFIMP engagement round will “close the loop” with a revised draft (Minutes 11.2; Transcript 02:02–02:06). • Recycling & Renewables Hub Masterplan Stage One concept approved, including a Solar Site requiring Impact Assessment with 20 business days of public notification (Minutes 8.3, Item 6.2). • Unitywater Noosa Netserv Plan planning assumptions endorsed under the SEQ Water Act for Unitywater’s Netserv Plan (Minutes 8.3, Item 5.1). • TMR Lot 115 RP861914 dedication as road supported; CEO authorised to execute title transfer (Minutes 8.3, Item 5.2). • LGAQ motions approved, notably to mandate STA platform data-sharing of validated property-level booking data statewide, and fact-checking/authorisation of third-party HTV cards (Minutes 8.3, Item 6.3). • Flood recovery: significant QRA-funded contract variations approved (+$1.7m PM services; +$2.596m Black Pinch Rd landslide works) with CEO delegated administration (Minutes 8.3, Items 7.2–7.3). • Planning appeals: Council agreed to settle Appeal D23 of 2022 (1→12 lots, 111 Lake Weyba Dr) by conditions; for Appeal 3156/2023 (Goodchap St day hospital), CEO delegated all matters post confidential session (Minutes 8.3, Item 7.1; Minutes 10.1; Transcript 02:12–02:13). • Show holiday request: 12 Sept 2025 for Noosa Shire (Minutes 8.2, Item 5.2). • Councillor appointments to external groups updated, incl. STA, climate and botanic gardens reference groups (Minutes 8.2, Item 5.1). Contentious / Transparency Matters • Debate over whether extending planning scheme consultation constitutes “political interference” with staff workflows and State caretaker timelines; ultimately a shorter extension with limited comms was adopted (Minutes 5.1; Transcript 06:59–01:12:19). • Community backlash on NFIMP focused on parking reduction and consultation adequacy; Council committed to a third engagement round and clearer education on long-term foreshore resilience context (Minutes 9.1; Transcript 02:24–02:39). • People’s Park trial criticised for carpark loss and lack of dedicated consultation; petitioners demanded full cost transparency and accountability (Minutes 4; Transcript 01:39–01:54). • Public queried Council’s Transport Strategy vis-à-vis parking cuts; staff confirmed extensive 2017 consultation and future review via a Movement & Connectivity Strategy (Minutes 11.4; Transcript 02:10–02:12). • Request raised to review Community Engagement Policy for contemporary approaches; CEO proposed a separate workshop (Transcript 02:30–02:33). Legal / Risk • Consultation extension risks missing State pre-caretaker assessment; staff cited potential delay of months and uncertainty with a new government’s policy posture (Transcript 06:59–07:43). • Planning Act/Minister’s Guidelines: staff ran 6-week consultation (beyond 20 business days), targeted letters to affected owners, and industry briefings; >350 detailed submissions received (Transcript 17:34–21:38). • Councillors canvassed using the Coty principle and housing “need” to resist STA in medium/high density pending amendments; staff noted Coty weight grows with process maturity (Transcript 37:10–38:38). • Meeting closure to public under s254J(3)(e) LGR for confidential planning appeal; subsequent delegation to CEO was carried (Minutes 10.1; Transcript 02:12). • DES email regarding Noosa River Conservation Park concept confirmed as held; potential governance models to be tested through revised River Plan engagement (Minutes 11.3; 9.1; Transcript 02:27–02:29). • Shark Control Program is State-run; Council’s June 2024 policy positions it to advocate for lower-bycatch alternatives during State plan review (Minutes 7.1; 11.1; Transcript 01:55–01:58). Conflicts of Interest • Karen Finzel declared a declarable COI (distant relative signed anti-Conservation Park petition); Council resolved she could participate and vote (Minutes 9.1; Transcript 02:19–02:21). • Brian Stockwell stated prior COI declarations were unnecessary per legal advice; will not declare for named groups unless circumstances change (Minutes 9.1; Transcript 02:18:44–02:19:18). Short-Term Accommodation, Zoning & Planning Scheme Amendments • Amendment No.2 advances making STA inconsistent in medium/high density residential zones; staff warned delay may spur more STA applications (Transcript 32:49–37:10). • Debate highlighted school holiday overlap, complexity, and concurrent NFIMP consultation potentially overshadowing submissions (Transcript 04:52–06:59, 29:11–30:24). • Petition lodged opposing medium density changes preventing single dwellings/duplexes (Minutes 4.3). • Tom Wegener emphasised long runway of Housing Strategy and prior STA reforms; argued residents were primed to submit within six weeks (Transcript 21:45–23:18). Noosaville Foreshore, Parking & Transport Strategy • NFIMP round-two feedback substantial; Council will redraft, engage stakeholders (incl. groups previously missed), and return with a revised draft for public input (Minutes 9.1; Transcript 02:24–02:37). • Public questions challenged carpark relocations; Council cited green space goals and 4-minute-walk relocation concept, plus Transport Strategy’s staged shift to sustainable modes (Minutes 11.3 Q2; Transcript 02:06–02:09). • Transport Strategy 2017–2027 confirmed broad 2017 consultation (1,200+ inputs) and impending review into Movement & Connectivity Strategy (Minutes 11.4; Transcript 02:10–02:12). • Nicola Wilson called for clearer upfront communication on 20-year foreshore context and hazards, and alignment with residents’ use patterns (Transcript 02:37–02:39). Environmental Concerns: Shark Nets & River Health • Youth-led deputation urged seasonal shark net removal during whale migration; Council pointed to its June 2024 policy and upcoming State review as the pathway to lower-bycatch alternatives (Minutes 7.1; 11.1; Transcript 01:23–01:38, 01:55–01:58). • Tom Wegener lamented ongoing Noosa River siltation and biodiversity decline; staff outlined Resilient Rivers pathway to prioritise funded catchment works via a uniform CAP (Minutes 9.1; Transcript 02:42–02:50). • River Plan to be refreshed under Resilient Rivers CAP Guide; potential economic impact assessment to be scoped with funding proposal (Minutes 9.1; Transcript 02:39:15–02:39:40).
Official Meeting MinutesRead minutes ↗
MINUTES
Ordinary Meeting
Thursday, 18 July 2024
10:00 AM Council Chambers, 9 Pelican Street, Tewantin
Cr Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom Wegener, Nicola Wilson
“Noosa Shire – different by nature” ORDINARY MEETING MINUTES 18 JULY 2024
1. ATTENDANCE & APOLOGIES
COUNCILLORS Cr Frank Wilkie (Chair) Cr Karen Finzel (via Microsoft Teams) Cr Amelia Lorentson Cr Jessica Phillips Cr Brian Stockwell Cr Tom Wegener Cr Nicola Wilson
EXECUTIVE Acting CEO Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director Strategy and Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Acting Director Infrastructure Services Kyrone Dodd
APOLOGIES Nil
Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Amelia Lorentson That in accordance with Section 254K of the Local Government Regulation, Cr Finzel is approved to attend the Meeting dated 18 July 2024 via Microsoft Teams. Carried unanimously.
2. CONFIRMATION OF MINUTES
2.1. ORDINARY MEETING 20 JUNE 2024
Council Resolution Moved: Cr Nicola Wilson Seconded: Cr Jessica Phillips The Minutes of the Ordinary Meeting held on 20 June 2024 be received and confirmed. Carried unanimously. 2.2. SPECIAL MEETING 28 JUNE 2024
Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener The Minutes of the Special Meeting held on 28 June 2024 be received and confirmed. Carried unanimously.
2.3. SPECIAL MEETING 10 JULY 2024
Council Resolution Moved: Cr Tom Wegener ORDINARY MEETING MINUTES 18 JULY 2024
Seconded: Cr Nicola Wilson The Minutes of the Special Meeting held on 10 July 2024 be received and confirmed. Carried unanimously.
3. MAYORAL MINUTES
Nil.
4. PETITIONS
1 PETITION: OPPOSE THE NOOSAVILLE FORESHORE MASTER PLAN Refer to Attachment 1 to the Minutes Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That the e-petition with 1,511 signatories submitted by Caryn Musgrave, regarding opposition to the Noosaville Foreshore Master Plan be received and referred to the Chief Executive Officer to determine appropriate action. Carried unanimously.
1 PETITION: FRIENDS OF NOOSAVILLE FORESHORE SAY 'JUST LEAVE IT ALONE" Refer to Attachment 2 to the Minutes Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Nicola Wilson That the e-petition with 1663 signatories submitted by Andrew McCarthy, regarding opposition to the Noosaville Foreshore Master Plan be received and referred to the Chief Executive Officer to determine appropriate action. Carried unanimously.
3 PETITION: DELORME STREET AGAINST AMENDMENT NO. 2 CHANGES TO THE NOOSA PLAN 202 MEDIUM DENISUTY RESIDENTIAL ZONE Refer to Attachment 3 to the Minutes Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That the petition with 27 signatories submitted by Suzie McDonald, regarding "opposition to the proposed amendments to the medium density residential zone Noosa 2020 Plan which disallow the construction of single dwellings and duplexes" be received and referred to the Chief Executive Officer to determine appropriate action. Carried unanimously.
4 PETITION: PEOPLES PARK Refer to Attachment 4 to the Minutes Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Nicola Wilson That the hard copy and e-petition with approximately 1095 signatories submitted by Nick Cooke, requesting that Council "return the People's Park to a Carpark in Hastings St Noosa Heads", be received and referred to the Chief Executive Officer to determine ORDINARY MEETING MINUTES 18 JULY 2024
appropriate action. Carried unanimously.
5. NOTIFIED MOTIONS
5.1. REQUEST TO REOPEN THE CONSULTATION PERIOD FOR PROPOSED AMENDMENT NO. 2 TO NOOSA PLAN 2020
Motion Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That Council Request the CEO to re-open the community consultation for Proposed Amendment No. 2 to the Noosa Plan 2020, for an additional two weeks, from 22 July to 4 August 2024.
Amendment No. 1 Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council Request the CEO to re-open the community consultation for Proposed Amendment No. 2 to the Noosa Plan 2020 from 19 July to 28 July 2024. For: Cr Stockwell Against: Crs Wegener, Wilson, Lorentson, Finzel, Wilkie and Phillips Lost.
Amendment No. 2 Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council Request the CEO to re-open the community consultation for Proposed Amendment No. 2 to the Noosa Plan 2020 from 19 July to 28 July 2024and notify the community via Facebook and Media Release with updates on the Your Say webpage. For: Cr Stockwell, Lorentson, Finzel, Phillips and Wilson Against: Cr Wilkie and Wegener Carried.
Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That Council Request the CEO to re-open the community consultation for Proposed Amendment No. 2 to the Noosa Plan 2020 from 19 July to 28 July 2024 and notify the community via Facebook and Media Release with updates on the Your Say webpage. For: Cr Lorentson, Phillips, Wilson and Finzel Against: Cr Stockwell, Wilkie and Wegener Carried.
6. PRESENTATIONS
Nil.
7. DEPUTATIONS ORDINARY MEETING MINUTES 18 JULY 2024
7.1. DEPUTATION - SHARK MITIGATION IN NOOSA SHIRE APPLICANT: OCEANS FOR ALL - CAROLYN LANSDOWN, CHAIRPERSON SPEAKERS: TAYLOR LADD HUDSON, ALBIE CURTIS, JARRAH SMALL
7.2. DEPUTATION - PEOPLE'S PARK APPLICANT: NICK COOKE SPEAKERS: NICK COOKE
11. PUBLIC QUESTION TIME
11.1. TAYLOR LADD HUDSON - SURFRIDER FOUNDATIONS SUNSHINE COAST
Question 1. Does this next generation of Noosa residents being young people deserve new modern solutions and alternatives in the management of Shark mitigation strategies? Response provided by Director Strategy and Environment, Kim Rawlings Working closely with representatives from the Department of Agriculture and Fisheries (DAF), Noosa Council adopted a Council policy position on the Shark Control Program (SCP) in June 2024. The purpose of this strategy was to support the State transition to lower bycatch potential alternatives in waters adjacent to Noosa. Holding a policy position now also allows Council to effectively represent community views and desired outcomes of the SCP to the State. Under the Queensland Shark Management Plan, Noosa Council and SLSQ have assisted DAF to undertake a range of alternative bite mitigation trials, including the delivery of SharkSmart community awareness programs and drone detection trials. Noosa Council will continue working with the State to help transition the SCP to lower bycatch potential alternatives. Primarily, this will be through the upcoming review process of the Queensland Shark Management Plan.
Question 2. In my work as a youth eco leader, I have learnt that 95% of kids aged eight to 19 years old do not want to fish sharks and want to see them thriving and healthy populations off our coastline. We are so lucky to be named as UNESCO biosphere, can we uphold our values of a biosphere and lead the way to be a trial site for innovative Shark mitigation strategies? Response provided by Director Strategy and Environment, Kim Rawlings In 2010, Queensland Primary Industries and Fisheries introduced a maximum size limit and stricter take and possession limits on non-protected sharks in Queensland waters. These changes were based on fishery stock assessments and stakeholder consultation. Noosa Council acknowledges that your community observations regarding the importance of sustainable shark fisheries are supported by a number of residents within Noosa Shire. Council views our advocacy to the State for the transition the SCP to lower bycatch potential alternatives is a key strategy in upholding our values as a Biosphere Reserve. UNESCO defines Biosphere Reserves as places that should promote the testing of interdisciplinary approaches to understanding and managing changes and interactions between social and ecological systems, including conflict prevention and management of biodiversity. It is Council’s and the community's responsibility to represent our Biosphere values to the State Government. It is understood that ORDINARY MEETING MINUTES 18 JULY 2024
DAF will be incorporating past and current stakeholder consultation outcomes in the upcoming evaluation of the current Queensland Shark Management Plan. Discussions with DAF also indicate that the development of the next version of the Queensland Shark Management Plan (and associated bite mitigation strategies) will include community consultation during 2025. 11.2. DEBRA WALZ
Question 1. The Community Rally on 5th July 2024 was a demonstration of a united community front which served to amplify concerns of residents in relation to the proposed Noosaville Foreshore Infrastructure Master Plan. Problematic land use planning ideas, as outlined by the Council's approved consultants, do not meet with community expectations or ideals. Is Council prepared to abandon this Plan as a show of respect and acknowledgement to community sentiment? Response provided by Acting Director Infrastructure, Kyrone Dodd For clarity, the Draft Infrastructure Master Plan does not manage land use planning issues on the foreshore. These have been addressed in the Noosaville Foreshore Land Use Master Plan which was endorsed in 2018 and informed this Draft Master Plan which primarily deals with infrastructure upgrades and future proofing our foreshore over the long term. Council acknowledges the community rally was that was held and thanks the community for its active engagement on this vital community asset. While we cannot independently verify the attendance figure cited, Council received significant feedback through the Have Your Say survey which closed Sunday 7 July 2024. Written submissions were also received and a series of stakeholder meetings were held over the engagement period. All the engagement responses received are currently being analysed to better understand what specifically people liked and did not like within the Draft Master Plan. In consideration of the high level of feedback received, Council will be considering a report at this Ordinary Meeting today which proposes to adjust the current program to add an additional third round of community engagement which includes coming back out to community with a revised Draft of the Master Plan. This additional round of engagement will aim to work proactively with key stakeholders, clarify and improve on key issues, and undertake education and awareness on how we have listened to the community and provided a Master Plan that delivers on community needs. While we deeply respect the strong community sentiments surrounding the proposed draft Master Plan, this is Council’s current plan at the moment: to review and revise the current draft with enhanced community engagement. It is important to highlight that a Master Plan is needed to provide the strategic framework for sustainable development, enhancing community well-being and future-proofing the foreshore over the long term. It aims to improve degraded infrastructure, increase levels of service and provide resilience to important threats such as flooding and erosion. It is also intended for the masterplan to set out the plan for long-term asset and service management, which is currently ad hoc and costly. A Master Plan can guide Council in coordinating and strategically planning the delivery of infrastructure over the next 20 years. The Master Plan therefore intends to ensure that this highly loved community asset remains a vibrant and sustainable community hub and parkland for generations to come. Thank you for your continued engagement and passion for our community.
Question 2. How is the Council ensuring transparency and accountability in decision making processes, particularly in relation to community engagement? Response provided by Director Strategy & Environment Kim Rawlings Council’s Decision-making processes Council has responsibility under Chapter 1, section 4 (2)(c) of the Queensland Local Government Act 2009 to engage with the community through “democratic ORDINARY MEETING MINUTES 18 JULY 2024
representation, social inclusion and meaningful community engagement”. Further to this Council has endorsed a Community Engagement Framework to guide engagement with our community in matters that are identified as benefiting from community input to shape future major strategic decisions or directions, this framework is used to guide how Council designs, plans and delivers community engagement projects. Our approach to community engagement outlined in Noosa Council’s Community Engagement Framework and Policy 2023 is governed by a suite of guiding principles to ensure that all of our engagement activities are: Inclusive Transparent Appropriate Accountable Timely Well-resourced Informative and Understanding of our changing community. Council undertakes a detailed planning process underpinned by international best practice approaches to community and stakeholder engagement to develop fit for purpose engagement for each project. Transparency and accountability are two of the key guiding principles of the Community Engagement Framework and Policy. Council continues to demonstrate transparency and accountability through: Being open and honest about the engagement project's purpose and goals. Clear and consistent engagement and communications around the engagement process, timeline, purpose and scope Providing background or contextual information to assist the community in understanding the topic and to be informed Inviting the community to provide their feedback and have a say on projects using a broad range of methods and tools, including both face-to-face and online engagement, as resources permit. Being responsive to community feedback when there is confusion or questions. Documenting whom we engaged with and what we heard Collecting information in a consistent way to support efficient analysis. Closing the loop with the community to share what we heard openly and honestly and identify how this will inform decision-making or the next steps. Taking on board community feedback to refine plans and strategies and when necessary, undertake further engagement. Upholding the principles and processes outlined in the Community Engagement Framework and Policy. The Community Engagement Framework and Policy has been developed to strengthen trust and community participation. Noosa Council has the advantage of a highly engaged community, although it is recognised that Council will not be able to satisfy every member of the community on every matter. Council has a delegated responsibility from the Queensland Government to deliver services and facilities at the local government level that balance community needs and aspirations with the requirement to responsibly manage service delivery efficiently and sustainably on a comparably modest ratepayer revenue base to other local government organisations. 11.3. ANDREW MCARTHY
Question 1. ORDINARY MEETING MINUTES 18 JULY 2024
Does Noosa Council hold in its possession any documentation generated by the Department of Environment and Science which refers to a discussion DES had a while back with ... (name withheld)... (Noosa Parks Association) about the pros and cons of declaring a Conservation Park in parts of the Noosa River System as ... 'not being the best idea' Yes or No? Response provided by Acting CEO Kerri Contini To the best of our knowledge, the only documentation that Council holds which has been generated by the Department of Environment and Science and refers to a discussion DES had with Noosa Parks Association about the pros and cons of a Conservation Park in Noosa River, is a copy of an email that was attached to Mr McCarthy’s application for today's public question time. This email appears to be between two state government employees and references an earlier discussion between those employees and the Noosa Parks Association. Part of this same email was attached by a member of the public who submitted an Administrative Action Complaint in June 2024.
Question 2. The community believes it's a double standard to propose removing 103 carparks in the Noosaville Foreshore plan and encourage public & active transport use when Noosa Council won't lead by example and require Council staff & Councillors to transit to & from work only using public & active transport. (a) Will Noosa Council consider implementing a staff and Councillor policy to transit to and from work by means of public or active transport? (b) If yes, does Council anticipate a significant reduction in staffing levels similar to the significant reduction in both staff and customer levels business owners on the Noosaville foreshore anticipate receiving if the Noosaville Foreshore Master Plan was adopted? Response provided by Acting CEO Kerri Contini The draft Noosaville Foreshore Management Plan responded to the community’s requests in the first round of consultation to increase the amount of greenspace. Part of the proposal to achieve this is to relocate approximately 100 carparks from directly on the foreshore and place them within the broader foreshore precinct with an approximate four-minute walk to the foreshore. A report is being considered by Council at today’s Ordinary Meeting to potentially conduct a further round of stakeholder and community education and foreshore businesses would be a key stakeholder in this consultation. Noosa Council’s Transport Strategy 2017 – 2027 proposes a staged shift in modal transport to reduce reliance on private vehicles, it facilitates other forms of sustainable transport and outlines strategies which assists voluntary shift to public and active transport. Council encourages and actively supports staff who wish to use sustainable means of transport to work, particularly where car park spaces are in high demand. Our goal is to gradually transition to more sustainable transport practices along with the broader community and we do not anticipate that this will result in a reduction in staffing levels.
11.4. CRAIG VELLA
Question 1. I understand that domestic animals are not allowed off leash in Conservation Parks. If a Conservation Park over the Noosa River goes ahead does Noosa Council know if the state government allow residents to have their dogs on leash each time it goes below the high tide mark and swimming in the Noosa River? Response provided by Director Development & Regulation Richard MacGillivray Advice from the State Department of Environment, Science and Innovation website states that dogs and other pets are welcome in some conservation parks, State forests and recreation areas, but not in national parks. As no decision has ORDINARY MEETING MINUTES 18 JULY 2024
been made regarding the proposed concept of a Conservation Park over parts of the Noosa River, no advice has been provided by the State Government regarding animal management.
Question 2. In response to a resident's question in June ordinary meeting about reduced car parking, a Council staff's reply was "Council is committed to encouraging all residents and visitors to embrace public and active transport to reduce congestion as part its endorsed Transportation Strategy". When were residents advised that Council had a strategy to encourage them onto public and active transport? Shouldn't residents be consulted before Council enacted a Strategy that changed the way residents live their lives? Given the community negative reaction to loss of foreshore parking, will Council now consult the community to confirm they support its endorsed Transport Strategy which plans to encourage them onto public & active transport? Response provided by Acting Director Infrastructure Kyrone Dodd The development and endorsement of the Noosa Transport Strategy 2017-2027 involved several stages of community consultation and public input throughout 2017. Information about the strategy and consultation process was made available through multiple channels, including public meetings, Council’s website, newsletters, and local media. Over 1,200 submissions were made by the public through surveys, submissions and in person events and the final Strategy reflected this input. For further information on the consultation process please visit the Noosa Transport Strategy 2017-2027 page on Your Say Noosa. Council has committed to review the Transport Strategy and prepare a new Movement and Connectivity Strategy which will include further community consultation.
10. CLOSED SESSION
10.1. PLANNING & ENVIRONMENT COURT APPEAL NO. 3156 OF 2023 – APPLICATION FOR A HOSPITAL AND HEALTH CARE SERVICE (DAY SURGERY AND ASSOCIATED FACILITIES) AT 47 GOODCHAP STREET, NOOSAVILLE
CLOSURE OF THE MEETING TO THE PUBLIC Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Amelia Lorentson That the meeting be closed to the public pursuant to section 254J(3)(E) of the Local Government Regulation 2012 for the purpose of discussing Item 10.1 Planning & Environment Court Appeal No. 3156 of 2023 – Application for a Hospital and Health Care Service at 47 Goodchap St Noosaville. Carried unanimously.
RE-OPENING OF THE MEETING TO THE PUBLIC Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Brian Stockwell That the meeting be re-opened to the public. Carried unanimously. ORDINARY MEETING MINUTES 18 JULY 2024
Council Resolution Moved: Cr Jessica Phillips Seconded: Cr Frank Wilkie That in respect of Planning and Environment Court Appeal 3136 of 2023, Council through the Ordinary Meeting dated 18 July 2024, delegates to the CEO the power to attend to all matters relating to its resolution. Carried unanimously.
8. CONSIDERATION OF COMMITTEE REPORTS
8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 9 JULY 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS Cr Amelia Lorentson (Chair) Cr Tom Wegener Cr Brian Stockwell
NON COMMITTEE MEMBERS Cr Karen Finzel
EXECUTIVE Acting CEO Larry Sengstock Director Strategy & Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Director Community Services Kerri Contini
APOLOGIES Cr Frank Wilkie
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1 UNITYWATER NOOSA NETSERV PLAN - PLANNING ASSUMPTIONS That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee for further consideration.
Council Resolution Moved: Cr Tom Wegener Seconded: Cr Brian Stockwell That the report of the Planning and Environment Committee meeting dated 9 July 2024 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. ORDINARY MEETING MINUTES 18 JULY 2024
8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 9 JULY 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS Cr Karen Finzel (Chair) Cr Jessica Phillips Cr Nicola Wilson
EXECUTIVE Acting Chief Executive Officer, Larry Sengstock Acting Director Infrastructure Services, Shaun Walsh Director Community Services, Kerri Contini Director Development & Regulation, Richard MacGillivray
APOLOGIES Cr Frank Wilkie
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. FURTHER REPORT - COUNCILLOR REPRESENTATION ON VARIOUS COMMITTEES, WORKING GROUPS, BOARDS AND EXTERNAL GROUPS 2024 That Council A. Note the report by the Chief Executive Officer to the Ordinary Meeting dated 18 April 2024 and the Further Report to the Services and Organisation Committee Meeting dated 9 July 2024; and B. Make the following Councillor appointments (noting that these supersede any prior appointments): 1. Appoint Cr Phillips and Cr Lorentson to the Noosa World Surfing Reserve Committee; 2. Appoint Cr Wilson as Chair, and Cr Phillips to the Climate Change Response Plan Community Reference Group; and 3. Appoint Cr Finzel as Chair, Cr Lorentson and Cr Phillips to the Noosa Botanic Gardens Masterplan Stakeholders Reference Group
5.2. APPOINTMENT OF 2025 SHOW HOLIDAY That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 9 July 2024 and request the Chief Executive Officer write to the Office of Industrial Relations requesting the appointment of Friday, 12 September 2025 as a Show Holiday for the Noosa Shire.
7.1. PROPOSED DEDICATION OF TMR-OWNED FREEHOLD LAND AS ROAD NOOSAVILLE That Services & Organisation Committee Agenda Item 7.1 be referred to the General Committee due to the significance of the issue.
Council Resolution Moved: Cr Karen Finzel Seconded: Cr Nicola Wilson That the report of the Services & Organisation Committee meeting dated 9 July 2024 be received and the recommendations therein be adopted. Carried unanimously. ORDINARY MEETING MINUTES 18 JULY 2024
8.3. GENERAL COMMITTEE MEETING REPORT - 15 JULY 2024
ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS Cr Frank Wilkie Cr Karen Finzel (via Microsoft Teams) Cr Amelia Lorentson Cr Jessica Phillips Cr Brian Stockwell Cr Tom Wegener Cr Nicola Wilson
EXECUTIVE Acting CEO & Director Community Services Kerri Contini Director Corporate Services Trent Grauf Director Strategy and Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Acting Director Infrastructure Services Kyrone Dodd
APOLOGIES Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1. UNITYWATER NOOSA NETSERV PLAN - PLANNING ASSUMPTIONS (REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 9 JULY 2024 - ITEM 5.1) That Council A. Note the report by the Strategy and Sustainability Manager to the Planning and Environment Committee dated 9 July 2024 regarding the Unitywater Noosa Netserv Plan - Planning Assumptions; B. Endorse the planning assumptions contained within the Technical Note in Attachment A under Chapter 4B Part 1 Section 99BK of the South East Queensland Water (Distribution and Retail Restructuring) Act 2009 for the purpose of Unitywater's Water Netserv Plan. C. Note the Netserv Model is a dynamic model and can be updated should any changes occur to any of the inputs such as land use scenarios, planning schemes, population projections and Development Approvals.
5.2. PROPOSED DEDICATION OF TMR-OWNED FREEHOLD LAND AS ROAD NOOSAVILLE (REFERRED FROM SERVICES & ORGANISATION COMMITTEE DATED 9 JULY - ITEM 7.1) That Council A. Note the report by the Manager, Infrastructure Planning Design and Delivery to the Services & Organisation Committee dated 9 July 2024; B. Support the Department of Transport and Main Roads proposal to dedicate Lot 115 RP861914 as road, and accept the road in Council's capacity as the Road Manager; and C. Authorise the Chief Executive Officer to execute any title transfer documentation if required on behalf of Council. ORDINARY MEETING MINUTES 18 JULY 2024
6.1. FINANCIAL PERFORMANCE REPORT – JUNE 2024 That Council note the report by the Financial Services Manager to the General Committee Meeting dated 15 July 2024 outlining the interim 2023/24 full year financial performance against budget, with the inclusion of key financial sustainability indicators.
6.2. RECYCLING & RENEWABLES HUB MASTERPLAN – STAGE ONE CONCEPT That Council A. Note the report by the Waste Project Coordinator to the General Committee Meeting dated 15 July 2024 regarding the Recycling & Renewables Hub Masterplan provided at Attachment 1 to the Report; B. Note the benefits and opportunities associated with the proposed development of the Recycling & Renewables Hub; C. Approve Stage One Concept of the Recycling & Renewables Hub Masterplan pending funding and development approvals: 1. Inclusive of Section A - which is subject to Code Assessable development approval. 2. Inclusive of Solar Site - which is subject to Impact Assessment development approval and public notification. D. Agrees to provide a public notification period of 20 business days associated with the proposed impact assessment development application for the solar site.
6.3. 2024 LGAQ CONFERENCE MOTIONS That Council A. Note the report by the Chief Executive Officer to the General Committee Meeting dated 9 July 2024 and approve the submission of the following motions to the Local Government Association of Queensland (LGAQ) Annual Conference 2024 for consideration and debate: 1. Motion A: "That the LGAQ calls on the State Government to support councils to establish a workplace giving program through the creation of a consistent framework. This framework should include guidelines for: Setting up workplace giving programs for local government employees, Mayor and Councillors. Selecting eligible charities. Administering contributions and funds." 2. Motion B: "That the LGAQ calls on the State government to Promote and encourage the adoption of wastewater recycling and diversion initiatives statewide. Allocate necessary funding to Local governments and Wastewater service providers for wastewater recycling and alternative treatment option trials such as biosolid gasification Monitor and evaluate the outcomes of these projects to inform future policies and initiatives. Explore what other states are doing to address wastewater recycling to leverage collective knowledge and experience to support and guide local governments and wastewater service providers to transition to a circular economy." 3. Motion C: “The LGAQ calls on the State government to amend the Queensland Electoral Act 1992 (or relevant legislation) to ensure how to vote (HTV) cards issued at elections ORDINARY MEETING MINUTES 18 JULY 2024
by third parties are fact checked and properly authorised, just as HTVs are for registered candidates.”
4. Motion D: “That the LGAQ advocate to the State Government of Queensland to legislate that share economy platforms and providers such as Airbnb, Booking.com and Stayz, and STA providers share their validated booking data, inclusive of real property addresses, through a state-wide data sharing agreement. This will allow local governments to have accurate oversight of STA and effectively manage and regulate STA. This approach to mandate the provision of validated STA booking data is already successfully occurring in location such as New South Wales (NSW), Tasmania, the United Kingdom, Europe, and Canada."
5. Motion E: “That the LGAQ advocate for ALGA to be a Full Member on the Housing Ministerial Council."
6. Motion F: "That the LGAQ calls on the Queensland Government to undertake a comprehensive review into the end of waste criteria for resource recovery products against the specification for materials used in Federal, State and Local Infrastructure projects."
7. Motion G: "That the LGAQ calls on the State Government to direct Energy Queensland to review and revise its Dynamic Network (Storage) Tariff as proposed in its recent Tariff Structure Statement (TSS) currently under assessment by the Australian Energy Regulator (AER) for the next regulatory control period (2025–2030) to ensure the elimination of barriers to the widespread roll-out of community batteries across Queensland.
6.4. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY - MAY 2024 That Council note the report by the Development Assessment Manager to the General Committee Meeting dated 15 July 2024 regarding applications that have been decided by delegated authority as per Attachment 1 to the Report.
7.1. PLANNING & ENVIRONMENT COURT APPEAL NO. D23 OF 2022 – APPLICATION FOR RECONFIGURING A LOT– 1 INTO 12 LOTS AT 111 LAKE WEYBA DRIVE NOOSAVILLE DESCRIBED AT LOT 4 ON RP36729 That Council A. Note the report by the Manager Development Assessment to the General Committee Meeting dated 15 July 2024 regarding Planning & Environment Court Appeal D23 of 2022; and B. Agree to settle the appeal generally in accordance with the proposed conditions outlined in Attachment 1 to the Report.
7.2. 2122Q125 - CONTRACT VARIATION FOR PROJECT MANAGEMENT SERVICES - 2022 FLOOD RECOVERY AND RECONSTRUCTION That Council note the report by the Disaster Reconstruction Coordinator to the General Committee Meeting dated 15 July 2024, and ORDINARY MEETING MINUTES 18 JULY 2024
A. Approve increasing the value of the QRA funded contract 2122Q125 by $1,700,000 (GST exc.) from $3,400,000 (GST exc.) to $5,100,000 (GST exc.), with program completion expected by 30 June 2025. B. Delegate to the Chief Executive Officer the power to negotiate, finalise, execute and administer the contract on behalf of Council; and C. Delegate to the Chief Executive Officer the power to amend the contract up to 11.5% of the total contract value; and D. Delegate to the Chief Executive Officer the power to amend the contract finish date to no later than September 30, 2025.
7.3. CN00317B - CONTRACT VARIATION FOR FLOOD RECONSTRUCTION – PACKAGE 7B – LANDSLIDE REMEDIAL WORKS (BLACK PINCH RD) That Council note the report by the Disaster Reconstruction Coordinator to the General Committee Meeting dated 15 July 2024 and A. Delegate to the Chief Executive Officer the power to vary the contract value, based on Business Case approval by QRA, allowing a scope change which will increase the value of contract CN00317B by $2,596,239.57 (GST exc.) from $9,849,609.12 (GST exc.) to $12,445,848.69 (GST exc.); B. Delegate to the Chief Executive Officer the power to negotiate, finalise, execute and administer the contract on behalf of Council; and C. Delegate to the Chief Executive Officer the power to amend the contract up to 11.5% of the total contract value.
Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That the report of the General Committee meeting dated 15 July 2024 be received and the recommendations therein be adopted. Carried unanimously.
9. ORDINARY MEETING REPORTS
9.1. FURTHER CONSULTATION ON NOOSAVILLE FORESHORE INFRASTRUCTURE MANAGEMENT PLAN AND NOOSA RIVER CATCHMENT MANAGEMENT PLAN
Cr Stockwell informed the meeting that: "For the past two terms, I have declared a conflict of interest as a result of my long association with, or previous contracts as a sole trader consultant (trading as Watershed Australia) with the following organisations: Noosa and District Landcare and its unincorporated forebear; Mary River Catchment Coordination Association; Noosa Integrated Catchment Association; Healthy Land and Water and its predecessors; Seqwater; and potentially early in the 2016-2020 the Noosa Residents and Ratepayers Association. However, having now received more detailed legal advice, it is clear that my circumstances do not meet the definition of a declarable conflict of interest because none of these organisations are close associates nor are any a related ORDINARY MEETING MINUTES 18 JULY 2024
party under the Local Government Act. This advice was based on an outline of my history with these organisations which I have uploaded for public viewing on my website crbrianstockwell.myporfolio.com. I will not be declaring any type of COI for this matter or in relation to these organisations into the future unless circumstances change.”
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as, in October 2023 a petition 'Stop Noosa River turning into a Conservation Park' was submitted to Noosa Shire Council. Listed on the petition was the name Sharyn Finzel, who is a cousin of my husband with whom I do not have a close personal relationship. At that time, I was not made aware of her intention to sign the petition, nor did I consult with her on the matter. Although I am declaring a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I do not have a close personal relationship with the signatory. 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.
Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Nicola Wilson That Council note the declarable conflict of interest by Cr Finzel and determine that Cr Finzel participates and votes on this matter as Council believes that she does not have a close personal relationship with petition signatory and therefore a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Finzel did not vote on the above motion.
Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Amelia Lorentson That Council note report by Director Environment and Strategy to the Ordinary Meeting dated 18 July 2024 regarding further community engagement and review processes for the Noosaville Foreshore Infrastructure Master Plan (NFIMP) d the Noosa River Catchment Plan (River Plan) and A. Acknowledge the significant amount of community feedback received on the draft Noosaville Foreshore Masterplan (NFIMP) during the recent community engagement phase; B. Demonstrate that Council is listening to this feedback and commits to analysing and using this information to redraft the NFIMP and to undertake a further stage of community engagement; C. Note that early review of the NFIMP feedback indicates there are some issues directly relevant to the Noosa River Catchment Management Plan (River Plan), and therefore Council should take time to properly understand these issues to ensure consistency across key documents, prior to undertaking further public consultation on the River Plan; D. Commit to meet and work with key River Plan stakeholders and government agencies to understand key issues of concern and mutual ORDINARY MEETING MINUTES 18 JULY 2024
interest prior to redrafting the River Plan and undertaking any further broad community engagement; and E. Note that Council is now a formal partner in the SEQ Council of Mayors Resilient Rivers Initiative (RR). It is recommended Council work with RR to review, refresh and align our draft River Plan in line with the RR Catchment Action Plan Preparation Guide ensuring a more consistent and aligned approach across all river catchment planning in SEQ and seeks funding and resources from RR to assist this process.
Carried unanimously.
12. NEXT MEETING
The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St, Tewantin on Thursday 15 August 2024 at 10.00am.
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