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Ordinary Meeting

Thursday, 15 August 2024 @ 10:00AM - #718
Meeting Duration: 1 hour and 45 minutes

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

Car Wash approved despite traffic concerns, facade condition added, Peak-Period transport measures endorsed incl. Main Beach drop-off, Petition opposing Plan Amendment noted, Three appeals defended.

Speaker timeline11 speakers

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0:000:170:350:521:101:271:45 Frank Wilkie (Chair)Frank Wilkie (Chair)Amelia LorentsonAmelia LorentsonBrian StockwellBrian StockwellPatrick MurphyPatrick MurphyJessica PhillipsJessica PhillipsNicola WilsonNicola WilsonTom WegenerTom WegenerKaren FinzelKaren FinzelShaun WalshShaun WalshNadine GordonNadine GordonLarry SengstockLarry Sengstock

Meeting Resources

NoosaWatch Deep Insight Read full insight
Key Decisions & Discussions
• Frank Wilkie: Petition with 1,018 signatures opposing Noosa Plan 2020 Amendment No.2 (protecting Medium Density Residential zones) was received and referred to CEO (Item 4; 00:50).
• Brian Stockwell: Council adopted Planning & Environment Committee items incl. Noosa Blue approval changes and updated Infrastructure Charges Resolution No.8 (Items 8.1.5.1–5.2; 01:53–03:35).
• Nicola Wilson: Services & Organisation items adopted incl. FireTech ROPS refresh, Holiday Parks update, Capital Program status, and award of Pathways Package 3 to Integral Concreting (Items 8.2.5.1, 6.1, 6.2, 7.1; 02:30–04:45).
• Council: Agreed to defend three Planning & Environment Court appeals (two STAs at Cootharaba and Kin Kin; one Childcare Centre at Noosaville) (Items 8.3.6.1–6.3; 03:40–05:35).
• Council: Adopted Annual Delegations (Council to CEO) under s257 LGA 2009; approved BR1 2024/25; noted July financials and 2023/24 Annual Performance Report (Items 8.3.6.4–6.7; 03:40–05:35).
• Council: Supported Emu Mountain Rd northern shared path (Option 1b) to be delivered/maintained by Sunshine Coast Council; environmental mitigation/offsets requested (Item 8.3.6.8; 20:48–21:21).
• Jessica Phillips: “Go Noosa” 2024/25 endorsed; Lions Park overflow parking approved for Dec–Jan and Apr 2025; Main Beach Local Government Reserve approved as temporary Drop-Off Zone over peak two weeks (Item 8.3.6.9; 05:41–07:54).
• Amelia Lorentson: Amendment to consider alternative drop-off site near Noosa Drive bus stop lost (For: Lorentson, Phillips, Finzel; Against: Wilkie, Stockwell, Wegener, Wilson) (Item 8.3.6.9.F; 08:02–10:06; 17:01).
• Council: Noted Parking Management Plan and forthcoming Movement & Place study; Local Loop bus-priority concept to workshop (Item 8.3.6.9.G–H; 20:51–26:33).
• Council: Approved MCU22/0201 for Car Wash and Food & Drink Outlet at 34 Elm St, Cooroy; delegated CEO to issue permit with added condition requiring articulation of east wall; reasons for approval recorded (Item 9.1; 28:32–01:44:22).
• Vote record: Car wash approved 5–2 (For: Wilson, Phillips, Lorentson, Finzel, Wegener; Against: Wilkie, Stockwell) after failed deferral (For deferral: Wilkie, Wilson) (Item 9.1; 01:07:50–01:10:31; 01:44:22).
Contentious / Transparency Matters
• Frank Wilkie: Noted mixed community views on Main Beach Drop-Off; staff advised bus-station alternative was unviable in timeframe due to TransLink obligations and congestion risks (Item 8.3.6.9; 10:06–13:54).
• Amelia Lorentson: Cited petition and consultation indicating opposition to using green space for parking; sought options assessment before locking in Surf Club drop-off; amendment lost (Item 8.3.6.9; 15:45–17:01).
• Patrick Murphy (staff): Traffic consultants did not meet prior to car wash decision; staff had drafted refusal grounds over queuing/laneway operations/refuse collection but councillors proceeded to decide (Item 9.1; 31:34–32:39).
• Brian Stockwell: Warned approving an inconsistent use in a District Centre without resolving traffic/amenity conflicts departs from scheme intent for active street frontages and articulated facades (Item 9.1; 01:24:34–01:32:23).
• Frank Wilkie: Emphasized planning scheme as a community “contract” and cautioned against first-time approval where traffic concerns remain untested; deferral failed (Item 9.1; 01:38:32–01:42:22).
Legal / Risk
• Council: Resolved to defend three P&E Court appeals: STA at 428 Cootharaba Rd (D96/2024), STA at 561 Gympie Kin Kin Rd (1997/2024), and Childcare Centre at 28 Eenie Creek Rd (1998/2024) (Items 8.3.6.1–6.3; 03:40–05:35).
• Planning Act 2016: Car wash approval recorded “relevant matters” to justify approval despite inconsistency, aligning with s60(3) and s63(5) reporting; council tightened reasons to remove assertions about reduced traffic (Item 9.1; 36:50–45:43; 01:05:12–01:06:06).
• Risk posture: Proceeding without resolving expert traffic disagreement increases litigation exposure; however, detailed reasons and a façade-articulation condition may strengthen defensibility on amenity grounds (Item 9.1; 31:34–32:39; 55:41–56:57).
• Delegations & Procurement: Annual delegations to CEO adopted (s257 LGA 2009); confidential pathways contract awarded with CEO authorised to finalise contracts, aligning with probity protocols (Items 8.3.6.4; 8.2.7.1; 03:40–05:35; 02:30–04:45).
• Charges Resolution: Adoption of Infrastructure Charges Resolution (No.8) 2024 effective 15 Aug 2024 mitigates infrastructure funding risk for growth (Item 8.1.5.2; 01:53–03:35).
Conflicts of Interest
• Nicola Wilson: Declared a declarable COI for the car wash (partner made a supporting submission); Council resolved she could participate and vote as a reasonable person would trust the decision is in the public interest; she abstained from that eligibility vote (Item 9.1; 28:32–29:57).
Planning Scheme, Zoning & Design
• Brian Stockwell: Argued District Centre intent (active edges, weather protection, non-dominant parking, facade articulation AO15m/0.75m) conflicts with a 19.4m x ~7.5m wall and vacuum bays to Elm St; said industrial character should locate in industrial zones (Item 9.1; 01:24:34–01:31:45).
• Council: Added condition directing articulation/green elements/awning/timber battening to mitigate wall bulk; CEO to settle detailed conditions with applicant (Item 9.1; 55:32–56:39).
• Frank Wilkie: Amended reasons to remove unverified claims (no available land; reduced traffic movements), retaining complementary-use rationale only (Item 9.1; 42:55–45:43; 01:05:12–01:06:06).
Short-Term Accommodation & Transport Management
• Council: Firm litigation stance on STA refusals signals continued application of Noosa Plan 2020 STA controls (Items 8.3.6.1–6.2; 03:40–05:35).
• Jessica Phillips: Peak-period traffic measures advanced: Lions Park overflow parking (with DoR notification, Lions Club delivery), Main Beach Drop-Off Zone, and future Parking Management Plan plus Movement & Place study (Item 8.3.6.9; 05:41–07:54; 20:51–26:33).
Environmental Concerns
• Council: Emu Mountain Rd path approval conditioned on revegetation and offsets; SCC to liaise with environmental agencies (Item 8.3.6.8; 20:48–21:21).
• Amelia Lorentson: Framed car wash as environmental net benefit via water recycling and improved water quality to Lake Macdonald; these were adopted as reasons (Item 9.1.D.5; 36:50–42:55).
• Council: Go Noosa measures include facilities for disability access, scooters, lifeguards, emergency services, waste and temporary amenities at Main Beach during peak, reducing unsafe circulation (Item 8.3.6.9.F; 05:41–07:54).
Community Engagement & Public Value
• Council: Will seek community feedback on Lions Park future use; noted historic direction not to use green space for parking but approved limited peak use pending broader engagement (Item 8.3.6.9.E–G; 17:24–21:21).
• Amelia Lorentson: Highlighted 498 of 520 properly made submissions supporting car wash; noted local business and community endorsements (Item 9.1; 36:50–38:21; 01:34:52).
• Karen Finzel: Stressed collaborative, staged approach with experts and stakeholders to manage complex overlays in Hastings St precinct (Item 8.3.6.9; 24:51–26:31).
Official Meeting MinutesRead minutes ↗
MINUTES

Ordinary Meeting

Thursday, 15 August 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 15 AUGUST 2024

1. ATTENDANCE & APOLOGIES

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

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

APOLOGIES
Nil.

2. CONFIRMATION OF MINUTES

2.1. ORDINARY MEETING 18 JULY 2024

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

3. MAYORAL MINUTES

Nil.

4. PETITIONS

1 PETITION: Oppose Amendment No. 2 to the Noosa Plan 2020 to Protect Medium Density Residential Zones Refer to Attachment 1 to the Minutes Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Amelia Lorentson That the petition with 1018 signatories submitted by Suzie McDonald, requesting that Council oppose Amendment No. 2 to the Noosa Plan to protect medium density
ORDINARY MEETING MINUTES 15 AUGUST 2024

residential zones be received and referred to the Chief Executive Officer to determine appropriate action.
Carried unanimously.

5. NOTIFIED MOTIONS

Nil.

6. PRESENTATIONS

Nil.

7. DEPUTATIONS

Nil.

8. CONSIDERATION OF COMMITTEE REPORTS

8.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 6 AUGUST 2024

8.1 PLANNING & ENVIRONMENT COMMITTEE REPORT - 6 AUGUST 2024
ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Amelia Lorentson (Chair)
Cr Tom Wegener
Cr Brian Stockwell

NON COMMITTEE MEMBERS
Cr Nicola Wilson

EXECUTIVE
Acting CEO Larry Sengstock
Director Strategy & Environment Kim Rawlings
Director Development & Regulation Richard MacGillivray

APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL
5.1 51998.2462.07 APPLICATION FOR AN OTHER CHANGE TO A TOWN
PLANNING CONSENT PERMIT FOR MULTIPLE DWELLING (65 UNITS),
CONFERENCE FACILITY AND VEHICLE HIRE PREMISES AT 16 NOOSA
DRIVE, NOOSA HEADS
ORDINARY MEETING MINUTES 15 AUGUST 2024

That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 6 August 2024 regarding Application No. 51998.2462.07 for an Other Change to Development Approval for Multiple Dwelling (65 dwelling units), Conference Facility and Vehicle Hire Premises situated at Noosa Blue 501 - 503/16 Noosa Drive, Noosa Heads and:
A. Approve the Other Change application
B. Amend the approval type as follows:
Development Permit for Material Change of Use for-
 Multiple Dwelling (65 Units) as defined by the 1990 Schedule to the Planning Scheme  Indoor Sport & Recreation (Yoga Studio & Health Spa), Shop, Office and Food & Drink Outlet as defined by the Noosa Plan 2020 C. Amend conditions 1 and 9 as outlined in Attachment 1.
D. Include additional conditions 54 to 56 as outlined in Attachment 1.
E. Delete conditions 10, 11 and 13 as they are no longer relevant to the proposal.
F. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.

5.2 UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning & Environment Committee Meeting dated 6 August 2024 and:
A. Adopt the “Noosa Shire Council Charges Resolution (No.8) 2024” provided as Attachment 1 to the report, to replace the “Noosa Shire Council Charges Resolution (No.7) 2022” and take effect on 15 August 2024.

5.3. MCU22/0201 APPLICATION FOR MATERIAL CHANGE OF USE FOR
CAR WASH AND FOOD & DRINK OUTLET AT 34 ELM STREET, COOROY
That Planning & Environment Committee Agenda Item 5.3 be referred to the General Committee due to the significance of the issue.

6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
JUNE 2024
That Council note the report by the Development Assessment Manager to the Planning and Environment Committee Meeting 6 August 2024 regarding applications that have been decided by delegated authority during the month of June as per Attachment 1 (excluding item MCU16/0070.01).

Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That the report of the Planning and Environment Committee meeting dated 6 August 2024 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
ORDINARY MEETING MINUTES 15 AUGUST 2024

8.2. SERVICES & ORGANISATION COMMITTEE REPORT - 6 AUGUST 2024

8.2 SERVICES & ORGANISATION COMMITTEE REPORT - 6 AUGUST 2024

ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Nicola Wilson (Acting Chair)
Cr Frank Wilkie
Cr Jessica Phillips

NON-COMMITTEE MEMBERS
Cr Tom Wegener
Cr Amelia Lorentson

EXECUTIVE
Chief Executive Officer Larry Sengstock
Director Corporate Services Trent Grauf
Director Strategy and Environment Kim Rawlings
Acting Director Infrastructure Services Shaun Walsh

APOLOGIES
Cr Karen Finzel (Chair)

COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1 CONTRACT NO. T000078 – REGISTER OF PRE-QUALIFIED SUPPLIERS
FOR PROVISION OF FIRETECH SERVICES {REFRESH}
That Council note the report by the Director Digital Hub and Innovation to the Services & Organisation Committee Meeting dated 6 August 2024 and A. Approve the award of Contract No. T000078 for the Register of Prequalified Suppliers for the Provision of Firetech Services {Refresh} for a period of twelve (12) months effective 1 August 2024 to the following suppliers that will be in addition to the existing list of suppliers on this ROPS:
 Australian Uav Technologies Pty Ltd
 Covey Associates Pty Ltd
 Cwift Pty Ltd
 Fliight Technologies Pty Ltd
 Kablamo Pty Ltd
 TTF Richlauren Trust t/as Larnach Ventures (Apac Surveillance)  RPS AAP Consulting Pty Ltd  MS&C Group Pty Ltd t/as Watchtowers Networks B. Subject to satisfactory performance of the suppliers, authorise the CEO to approve the option to extend the contract at the expiry of this term for a further two (2) terms of up to twelve (12) months each ending on 31 July 2027.

6.1. NOOSA HOLIDAY PARKS UPDATE
That Council note the report by the Commercial Business Advisor to the Services and Organisation Committee Meeting dated 6 August 2024 providing an update on operations of the Noosa Holiday Parks Business Activity to 30 June 2024.
ORDINARY MEETING MINUTES 15 AUGUST 2024

6.2. CAPITAL PROGRAM 2023/24 DELIVERY STATUS
That Council note the report by the Infrastructure Planning Officer to the Services & Organisation Committee Meeting dated 6 August 2024 providing an update on the delivery of the 2023/24 Capital Program as at 30 June 2024.

7.1 CONTRACT NO.
CN00644 – CONSTRUCTION OF PATHWAYS - PACKAGE 3 CLOSURE OF
THE MEETING TO THE PUBLIC
That Council note the report by the Graduate Engineer to the Services and Organisation Committee dated 6 August 2024 and A. Award Contract No. CN00644 for Construction of Pathways 2023-24 Package 3 to The Trustee for Integral Concreting Services Family Trust as outlined in the report; and B. Authorise the CEO to negotiate and finalise contracts on Council's behalf with The Trustee for Integral Concreting Services Family Trust.

Council Resolution
Moved: Cr Nicola Wilson
Seconded: Cr Jessic Phillips
That the report of the Services & Organisation Committee meeting dated 6 August 2024 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.

8.3. GENERAL COMMITTEE MEETING REPORT - 15 JULY 2024

8.3 GENERAL COMMITTEE MEETING REPORT - 12 August 2024

ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
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.
ORDINARY MEETING MINUTES 15 AUGUST 2024

COMMITTEE RECOMMENDATIONS TO COUNCIL

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.

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.

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
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.

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
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.

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
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.
ORDINARY MEETING MINUTES 15 AUGUST 2024

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

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

6.6. FINANCIAL PERFORMANCE REPORT – JUL 2024
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.

6.7. ANNUAL PERFORMANCE REPORT INCLUDING Q4 OPERATIONAL
PLAN 2023-24 PROGRESS REPORT
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 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.

6.8. EMU MOUNTAIN ROAD - SHARED PATHWAY
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;
ORDINARY MEETING MINUTES 15 AUGUST 2024

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.

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

Motion
Moved: Cr Jessica Phillips
Seconded: Cr Nicola Wilson
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 (with a preference for the dates to be 23 December 2024 to 5 January 2025) 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.
ORDINARY MEETING MINUTES 15 AUGUST 2024

Amendment No.1
Moved: Cr Amelia Lorentson
Seconded: Cr Karen Finzel
That item F be amended to read:
F. That Council approves the establishment of a drop-off zone for the peak Christmas and New Year period either at Main Beach Reserve adjacent to Noosa Heads Surf Lifesaving Club or to a location behind the carpark such as the area behind the bus stop on Noosa Drive. Staff will assess the options and report back to Council with recommendations by the October meetings, or earlier, to ensure its operational time.
For: Crs Lorentson, Phillips, Finzel
Against: Crs Wilkie, Stockwell, Wegener and Wilson
Lost.

Council Resolution
Moved: Cr Jessica Phillips
Seconded: Cr Nicola Wilson
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 (with a preference for the dates to be 23 December 2024 to 5 January 2025) 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
ORDINARY MEETING MINUTES 15 AUGUST 2024

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 Phillips, Wilson, Lorentson, Finzel, Wegener, Wilkie Against: Cr Stockwell Carried.

Council Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That the report of the General Committee meeting dated 12 August 2024 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.

9. ORDINARY MEETING REPORTS

9.1. MCU22/0201 APPLICATION FOR MATERIAL CHANGE OF USE FOR CAR
WASH AND FOOD & DRINK OUTLET AT 34 ELM STREET, COOROY
(DEFERRED FROM GENERAL COMMITTEE MEETING DATED 12 AUGUST
2024 ITEM 5.1)

The following material was presented to the meeting in relation to this item:
Cr Stockwell - refer to Attachment 2 to the Minutes
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 in favour 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.

Council Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
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.
ORDINARY MEETING MINUTES 15 AUGUST 2024

Motion
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips

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 .
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 improved 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.

Amendment No.1
Moved: Cr Frank Wilkie
Seconded: Cr Tom Wegener
That item 2 read:
2. There is currently no car wash provided within Cooroy and the Noosa Hinterland.
Carried unanimously.

Amendment No 2.
Moved: Cr Frank Wilkie
Seconded: Cr Karen Finzel
That Item 3 reads:
3. The proposed development will provide community benefit.
Carried unanimously.
ORDINARY MEETING MINUTES 15 AUGUST 2024

Amendment No 3.
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener

That Item B be amended to read:
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, including conditions which require modification of the east wall to increase its articulation (e.g. awning over walkway, addition of green wall elements, use of timber battening etc.) For: Crs Stockwell, Wilkie, Wegener and Finzel Against: Crs Wilson, Lorentson and Phillips Carried.

Amendment No. 4
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That item 6 read:
A car wash is for the commercial washing of vehicles, which is a complementary use to the existing service stations in this location.
Carried unanimously.

Procedural Motion
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That the matter be deferred to a future Council meeting to allow the applicants consultant to discuss traffic issues raised, with Council's traffic consultant.
For: Crs Wilkie and Wilson
Against: Crs Phillips, Wegener, Lorentson, Stockwell and Finzel Lost.

Council Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Jessica Phillips
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
ORDINARY MEETING MINUTES 15 AUGUST 2024

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, including conditions which require modification of the east wall to increase its articulation (e.g. awning over walkway, addition of green wall elements, use of timber battening etc.) 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 currently no car wash provided within Cooroy and the Noosa Hinterland.
3. The proposed development will provide community benefit.
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 improved 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.
7. Conditions can be imposed to address any issues raised by submitters about the hours of operation of the development.
For: Crs Wilson, Phillips, Lorentson, Finzel and Wegener Against: Crs Wilkie and Stockwell Carried.

10. CLOSED SESSION

Nil.

11. PUBLIC QUESTION TIME

Nil.

12. NEXT MEETING

The next Ordinary Meeting will be held at Council Chambers, 9 Pelican St, Tewantin on Thursday 19 September 2024 at 10.00am.

13. MEETING CLOSURE

The meeting closed at 11.45 AM.

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Agenda Topics 6 topics
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