General Committee Meeting Report - 16 September 2024

That Council note the declarable conflict of interest by Cr Phillips and determine that Cr Phillips participates and votes on this matter as Council believes that a reasonable person would trust that the final decision is made in the public interest. 

Carried unanimously.

That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 10 September 2024 regarding Application No. 51988.2770.02 to make a minor change to an existing Town Planning Consent for indoor entertainment and extension of an indoor entertainment situated at Noosa District Sports Complex - 31 Butler St, Tewantin and:

A. Approve the change.

B. Amend condition 2 and 9 as outlined in Attachment 1 to the Report.

C. Include additional conditions 17 to 37 as outlined in Attachment 1 to the Report. 

D. Include advisory notes 1 to 6 as outlined in Attachment 2 to the Report.

E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

F. Approve the Final Conditions as provided in Attachment 1 to the Minutes - Final Conditions

Carried unanimously.

That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 10 September 2024 regarding Application Numbers 51981.3345.01 & 51984.3154.01 to make a minor change to two (2) development approvals for a takeaway seafood kiosk situated at 185 Weyba Rd, Noosaville and:

A.  Defer the decision on the application to allow Council and the applicant to co-fund and brief an agreed Counsel to consider the separate legal opinions of each party's advisors; and

B.  That the opinion of Counsel be provided to Council at a future meeting for consideration.

Lost.

That Council note the report by the Senior Development Planner to the Planning & Environment Committee Meeting dated 10 September 2024 regarding Application Numbers 51981.3345.01 & 51984.3154.01 to make a minor change to two (2) development approvals for a takeaway seafood kiosk situated at 185 Weyba Rd, Noosaville and:

A. Refuse the change for the following reasons:

1. The proposed changes do not constitute a minor change to the development approvals as defined by the Planning Act 2016, as the changes will result in a substantially different development.

2. The proposed bakery (service shop) is not consistent with the Residential A zoning intent under the 1973 Planning Scheme for Noosa Shire or the Medium Density Residential zone under Noosa Plan 2020 and is more appropriately located in a centre zone.

3. The proposed bakery is not consistent with Overall Outcomes 2(a), (d), (e) & (j) and Performance Outcomes & Acceptable Outcomes PO1, PO5, AO5.1, AO5.2 of the Medium Density Residential Zone Code under Noosa Plan 2020 as:

a. The proposed bakery is not a residential use and is not compatible with surrounding residential uses.

b. The proposed bakery is more appropriately accommodated in a centre zone and the land maintained for dual occupancies, multiple dwellings and the like. 

c. The proposal is likely to adversely impact on surrounding resident’s amenity.

B. The proposal is not consistent with Overall Outcomes 2(a) & (b) and Performance Outcome and Acceptable Outcome PO6 and AO6.1 of the Driveways and Parking Code as the proposal provides insufficient on-site car parking and is likely to generate additional demand for car parking compared to the takeaway seafood kiosk.

Carried.

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 Cr Wilson would be able to remain impartial and therefore a reasonable person would trust that the final decision is made in the public interest.

Carried unanimously.

That Council note the report by the Community Development Coordinator to the Services & Organisation Committee Meeting dated 10 September 2024 and: 

A. Endorse Noosa Council’s recommitment to the Local Government Domestic and Family Violence Prevention Champions Network; and

B. Appoint Cr Nicola Wilson and two staff members (from Community Development and People and Culture teams), as Noosa Council’s representatives to the Network.

Carried unanimously.

That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 16 September 2024 regarding the amendment of Noosa Council's Standing Orders and other relevant policies and procedures and

A. Adopt the updated Standing Orders for Council Meetings Policy (provided at Attachment 1) and repeal current Standing Orders Policy (adopted 19 November 2020) with the following amendments to the updated Standing Orders, Section 18 –– Notified Motions amended to read:

Section 15 – Deputations

Reject proposed amendments and replace with original wording as follows:

17.1 A deputation wishing to attend and address an Ordinary meeting of Council shall apply in writing to the CEO not less than seven (7) business days before the meeting.

17.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard, a convenient time shall be arranged for that purpose, and an appropriate time period allowed.

17.3 Where it has been determined that a deputation be heard, the deputation and topic of the presentation must be included in the public agenda for the meeting.

17.4 For deputations comprising three or more persons, only three persons shall be at liberty to address Council unless the Councillors at the meeting determine otherwise by resolution. A deputation shall be given adequate opportunity to explain the purpose of the deputation, generally no longer than 15 minutes unless decided otherwise by the meeting.

17.5 The Chairperson may terminate an address by a person in a deputation at any time where:

a) the Chairperson is satisfied that the purpose of the deputation has been sufficiently explained to the Councillors at the meeting;

b) the time period allowed for a deputation has expired;

c) the person uses insulting or offensive language or is derogatory towards Councillors or staff members;

d) a member of the deputation other than the appointed speakers interjects or attempts to address the Council;

e) the person uses words or actions that discriminate or vilify based on a person’s race, religion, sexuality or gender identity.

Section 18 – Notified Motions

Reject proposed amendments and replace with original wording as follows:

18.1 A Councillor may bring forward to a meeting a motion on any matter within the jurisdiction or official cognisance of the Council by giving notice in writing, in the approved form, to the Chief Executive Officer at least seven days before the meeting.

18.2 The Chairperson shall rule out of order a motion which does not comply with section 18.1 of these Standing Orders.

18.3 Notified motions shall be dated and recorded by the Chief Executive Officer as received.

18.4 Where a Councillor who has given notice of a motion is absent or declines to move the motion, the motion may be –

a) moved by another Councillor; or

b) deferred to the next meeting.

18.5 Where the notified motion is not moved or deferred, it shall not again be reintroduced without a subsequent notice of motion duly given as provided in section 18.1.

18.6 At the meeting, a notified motion requires a seconder in order that it be dealt with.

Section 41 – Deputations (Procedure for Standing Committee Meetings)

Reject proposed amendments and replace with original wording as follows:

41.1 A deputation wishing to attend and address a Committee meeting shall apply in writing to the CEO not less than seven (7) business days before the meeting.

41.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard, a convenient time shall be arranged for that purpose, and an appropriate time period allowed.

41.3 Where it has been determined that a deputation be heard, the deputation and topic of the presentation must be included in the public agenda for the meeting.

41.4 For deputations comprising three or more persons, only three persons shall be at liberty to address the Committee unless the Councillors at the meeting determine otherwise by resolution. A deputation shall be given adequate opportunity to explain the purpose of the deputation, generally no longer than 15 minutes unless decided otherwise by the meeting.

41.5 The Chairperson may terminate an address by a person in a deputation at any time where:

a) the Chairperson is satisfied that the purpose of the deputation has been sufficiently explained to the Councillors at the meeting

b) the time period allowed for a deputation has expired, or

c) the person uses insulting or offensive language or is derogatory towards Councillors or staff members.

d) a member of the deputation other than the appointed speakers interjects or attempts to address the Council.

e) the person uses words or actions that discriminate or vilify based on a person’s race, religion, sexuality or gender identity.

"18.8 Councillors are encouraged to lodge Notices of Motion which:

a) relate to the objectives, roles and function of Council as outlined in the annual Operational and Corporate Plan;

b) are clear in intention;

c) are not identical or substantially similar to a Notified Motion that has been considered by the Council and lost in the preceding six months;

d) are not outside the powers of Council;

e) do not relate to an operational service request or a matter that can be handled under delegation;

f) are not matters subject to a Council decision-making process which has commenced but is not yet complete.";

B. Adopt the new Petition Procedure (provided at Attachment 2);

C. Adopt Reject the new Deputation Procedure (provided at Attachment 3) and retain the deputation procedures in the Standing Orders for Council Meetings Policy, as provided for in item A. subject to the amendment of items 1, 3, and 6, and the deletion of item 5 as follows:

1. 15 minutes in total will be allocated at each Meeting for members of the community to present deputations. A maximum of 5 minutes will be allocated per deputation with an extension of time allowed upon request to the meeting chair and by consent of the councillors with a maximum of 3 deputations per meeting allowed.

3. The applicant must provide Council with the deputation topic and sufficient background material, whereby the CEO, on receiving an application for the deputation, shall notify the Chairperson who, in conjunction with the CEO, shall determine whether the deputation may be heard. The CEO shall inform the applicant of the determination in writing.

5. Four deputations per calendar year by the same applicant /group will be allowed.

5 6. Deputations on specific development applications or other statutory applications before Council are not permitted.

D. Reject the new Public Question Time Procedure (provided at Attachment 4) and retain current Public Question Time Guideline (adopted on 17 October 2019); and

E. Adopt the Councillor Investigation Policy (Attachment 7) and repeal current Councillor Investigation Policy (adopted on 19 November 2020).

That Item 17.2 and Item 41.2 be amended to read:

17.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard, a convenient time shall be arranged for that purpose, and an appropriate time period allowed (up to 15 minutes).

41.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall determine whether the deputation may be heard. The CEO shall inform the deputation of the determination in writing. Where it has been determined the deputation will be heard, a convenient time shall be arranged for that purpose, and an appropriate time period allowed (up to 15 minutes).

Carried unanimously.

That in accordance with Section 254K of the Local Government Regulation, Cr Stockwell is approved to attend the Meeting dated 19 September 2024 via Microsoft Teams.

Carried unanimously.

That Item 17.3 be amended to read:

17.3 Where it has been determined that a deputation be heard, a draft script must be provided and the deputation and topic of the presentation must be included in the public agenda for the meeting.

Lost unanimously.

That Item 17.3 be amended to read:

17.3 Where it has been determined that a deputation be heard, an outline of the issue and background material be provided and the deputation and topic of the presentation must be included in the public agenda for the meeting.

That this matter be deferred to the October Meeting round.

Carried.

That the report of the General Committee meeting dated 16 September 2024 be received and the recommendations therein be adopted except where dealt with by separate resolution.

Carried unanimously.