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Planning & Environment Committee Agenda

Tuesday, 8 April 2025 @ 9:30AM - #754
Meeting Duration: 41 minutes

This Noosa Council meeting contains very poor audio quality.
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Temporary Rowing Club relocation approved with strict conditions and sunset, Conflict-of-interest minutes inconsistency to rectify, Housing approvals transparency reporting planned, CEO delegated childcare appeal.

Speaker timeline7 speakers

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0:000:060:130:200:270:340:41 Amelia Lorentson (Chair)Amelia Lorentson (Chair)Nadine GordonNadine GordonBrian StockwellBrian StockwellFrank WilkieFrank WilkiePatrick MurphyPatrick MurphyRichard MacGillivrayRichard MacGillivrayKaren FinzelKaren Finzel

Meeting Resources

NoosaWatch Deep Insight Read full insight
Key Decisions & Discussions
• Amelia Lorentson: Chaired consideration of MCU24/0151 for temporary relocation of Lake Macdonald Rowing Club to Seqwater land; referred item to General Committee with minor amendments flagged (7.1; 19:58–21:10).
• Frank Wilkie: Moved that despite a declared conflict, Brian Stockwell may participate and vote under s150ES LGA 2009; carried (For: Wilkie & Lorentson) (7.1; 03:51–04:35).
• Officers: Proposal: two containers, fenced compound, portable toilet, on-site parking, lake access; site within Environment Management & Conservation Zone but supported due to temporary nature and dam upgrade necessity (7.1; 05:44–08:09).
• Officers: Conditions to mitigate amenity impacts: hours limited to sunrise–9:30 and 3:30–sunset, max nine persons, no events/competitions, muted/non-reflective finishes, fencing, landscaping; no vegetation removal; site above flood line (7.1; 10:02–11:06, 10:48–11:06).
• Officers: Two public submissions raised visual/noise/traffic/antisocial concerns; conditions and small scale deemed adequate; increased presence may deter antisocial use of nearby picnic shelter (7.1; 07:19–08:09, 16:14–17:13).
• Officers: Seven-year sunset clause to cover Seqwater works (approx. five years) plus contingency; title reference to be corrected to Lot 1 RP167252 (7.1; 08:09–09:17).
• Patrick Murphy: Administrative correction can be made at Committee level (7.1; 09:26–09:34).
• Brian Stockwell: Queried safe access and Cabomba weed risks at new launch area; officers noted Seqwater to manage waterbody matters; no pontoon proposed; site chosen for accessibility during drawdown (7.1; 12:59–15:31).
• Amelia Lorentson: Flagged amendment: approval lapses when works complete (or 12 months after) or by 2032 – providing certainty to residents (7.1; 19:58–21:10).
• Patrick Murphy: Monthly delegated approvals report tabled for transparency; consideration to include new dwellings/lots and track SEQ Regional Plan targets, likely as biannual/annual reporting (8.1; 22:34–25:56).
• Amelia Lorentson: Noted a delegated “beach re‑profiling” approval at 312 Tewantin Beach Rd is confined to private land (8.1; 26:06–26:41).
• Council: Resolved to delegate to CEO all matters to resolve P&E Court Appeal 1998 of 2024 re childcare centre at Noosa Civic, 28 Eenie Creek Rd (9.1; Minutes 9.1; 39:58–40:36).
Contentious / Transparency Matters
• Council: Apparent internal inconsistency: resolution states Cr Stockwell may participate and vote, yet minutes note he was “not eligible to vote” on 7.1; this should be rectified to avoid ambiguity (7.1).
• Amelia Lorentson: Sought clearer public-facing metrics on housing approvals vs SEQ targets; officers to design periodic reporting, improving accountability (8.1; 23:30–25:56).
• Council: Confidential session lawfully closed under s254J(3)(e) LGR 2012 for active litigation; promptly reopened and outcome recorded, aligning with transparency obligations (9; Minutes 9; 26:41–27:18).
• Officers: Submitters will receive decision and links to report/discussion; standard appeal rights explained, supporting procedural fairness (7.1; 12:04–12:59).
Legal / Risk
• Use in Conservation Zone: Officers justify approval despite zone inconsistency due to temporary need from public infrastructure works, setbacks from lake, no vegetation clearing, and strict conditions – reducing Planning Act conflict risk (7.1; 05:44–08:09).
• Condition Precision: Title correction (Lot 1 RP167252) is essential to avoid enforceability issues; administrative fix noted (7.1; 08:09–09:34).
• Sunset/Lapsing: Seven-year limit plus Chair’s proposed “completion-triggered lapse” manages “temporary creep” and reduces risk of de facto permanent use (7.1; 08:09–09:17, 19:58–21:10).
• Public Safety: Cabomba weed hazard raised; reliance on Seqwater management noted; absence of launch infrastructure conditions could pose residual safety risk if drawdown alters access; may warrant monitoring/review condition (7.1; 12:59–15:31).
• Litigation Management: Delegation to CEO in P&E Court Appeal 1998/2024 centralises negotiation/consent orders; maintains privilege but requires councillor oversight via periodic briefings (9.1; Minutes 9.1).
Conflicts of Interest
• Brian Stockwell: Declared prior Seqwater consultancy (2019–2020) involving strategic suitability assessments around Lake Macdonald; legal advice suggests no current COI; Council decided participation/vote permissible under s150ES LGA 2009 (7.1; 01:16–04:35).
• Clarity Gap: Minutes then state he was “not eligible to vote” on 7.1, conflicting with the s150ES decision; administrative correction recommended (7.1).
Environmental Concerns
• Officers: Siting maximises setback from lake, above flood line; no vegetation removal; muted finishes and landscaping to reduce visual impact (7.1; 05:44–11:06).
• Operating Limits: Restricted hours and no events/competitions curb noise/traffic and protect fauna activity periods (7.1; 10:02–11:38).
• Lighting: Controls framed to protect environment rather than security; fenced compound and limited hours used to deter antisocial use (7.1; 15:31–17:13).
• Cabomba Risk: Potential entanglement hazard during launches noted; no pontoon proposed; site chosen for accessibility during dam drawdown (7.1; 12:59–15:31).
Material Change / New Development Applications
• MCU24/0151: Temporary Outdoor Sport & Recreation (Rowing Club) relocation driven by Seqwater dam/spillway upgrades; sunset clause (7.1; 05:44–09:17).
• Childcare Centre: Noosa Civic MCU subject to P&E Court Appeal 1998/2024; CEO delegated for resolution (9.1; Minutes 9.1; 26:41–27:18, 39:58–40:36).
Housing Supply & SEQ Regional Plan Targets
• Amelia Lorentson: Requested delegated approvals report track new dwellings vs SEQ targets to evidence delivery (8.1; 23:30–24:29).
• Patrick Murphy: Proposed biannual/annual whole-of-approvals reporting (incl. private certification) for accuracy; to be developed with Strategic Planning (8.1; 24:10–25:56).
Official Meeting MinutesRead minutes ↗
MINUTES

Planning & Environment
Committee Meeting

Tuesday, 8 April 2025

9:30 AM
Council Chambers, 9 Pelican Street, Tewantin

Committee: Crs Amelia Lorentson (Chair), Brian Stockwell, Frank Wilkie, Tom Wegener

“Noosa Shire – different by nature”
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 APRIL 2025

1. DECLARATION OF OPENING

The meeting was declared open at 9.33am

2. ACKNOWLEDGEMENT OF COUNTRY

Noosa Council respectfully acknowledges the Traditional Custodians of the lands and waters of the Noosa area, the Kabi Kabi people, and pays respect to their Elders, past, present and emerging.

3. ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Cr Amelia Lorentson (Chair)
Cr Brian Stockwell
Cr Frank Wilkie

NON COMMITTEE MEMBERS
Cr Karen Finzel

EXECUTIVE
Director Development & Regulation Richard MacGillivray

APOLOGIES
Cr Tom Wegener

4. CONFIRMATION OF MINUTES

Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
The Minutes of the Planning & Environment Committee Meeting held on 11 March 2025 be received and confirmed.
Carried unanimously.

5. PRESENTATIONS

Nil.

6. DEPUTATIONS

Nil.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 APRIL 2025

7. REPORTS FOR CONSIDERATION OF THE COMMITTEE

7.1. MCU24/0151 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR OUTDOOR SPORT & RECREATION (ROWING CLUB) AT LAKE
MACDONALD DRIVE, LAKE MACDONALD

In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter:

I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter due to my previous work in Lake Macdonald for Seqwater. In 2019 as part of a broader consultancy project that I completed as a sole trader I undertook Land Asset Classification of the land owned by Seqwater around the Lake Macdonald Dam. This work was at a strategic level and assessed the parcel in question as part of the broader evaluation. The project produced land capability and suitability assessments for various land uses, including for recreational pursuits such as that proposed in the application. In 2020 as part of a broader consultancy project I also undertook a further assessment evaluating the suitability of the land around Lake Macdonald for a solar farm. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I have had no dealings with Seqwater in a private consultant capacity since that time. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.

Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
That Council note the declarable conflict of interest by Cr Stockwell and determine that in accordance with s150ES of the Local Government Act 2009, and having considered the Councillor's conflict of interest as described, it is decided that Cr Stockwell may participate and vote on this matter relating to MCU24/0151 Development Application Lot 1 RP 167252 Lake Macdonald Dr, Lake Macdonald as a reasonable person would not have a perception of bias as there is no personal gain or loss involved.
For: Crs Wilkie & Lorentson
Against: Nil.
Carried.
Cr Stockwell having declared a conflict of interest was not eligible to vote.

Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Frank Wilkie
That Planning & Environment Committee Agenda Item 7.1 be referred to the General Committee for further consideration.
Carried unanimously.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 APRIL 2025

8. REPORTS FOR NOTING BY THE COMMITTEE

8.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
FEBRUARY 2025

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie
That Council note the report by the Acting Development Assessment Manager to the Planning & Environment Committee Meeting 8 April 2025 regarding applications that have been decided by delegated authority for February 2025 as per Attachment 1 to the Report.
Carried unanimously.

9. CLOSED SESSION

CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Brian Stockwell
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 9.1 Planning & Environment Court Appeal No.1988 of 2024 - Application for Material Change of use for a Childcare centre at Noosa Civic,27 Eenie Creek Road Noosaville.
Carried unanimously.

RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Frank Wilkie
That the meeting be re-opened to the public.
Carried unanimously.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 APRIL 2025

9.1. PLANNING &
ENVIRONMENT COURT APPEAL NO. 1998 OF 2024 – APPLICATION FOR
MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE AT NOOSA
CIVIC, 28 EENIE CREEK ROAD, NOOSAVILLE

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie
That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 8 April 2025 regarding Planning & Environment Court Appeal 1998 of 2024 and:
A. Delegate to the CEO the power to attend to all matters relating to its resolution.

Carried unanimously.

10. MEETING CLOSURE

The meeting closed at 10.14am

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Agenda Topics 5 topics
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Disclaimer: The transcript below is produced by our own transcription systems and will contain errors and omissions, including incorrect speaker attribution. It is provided for informational purposes only and may be inaccurate or incomplete. Do not rely on this content; for definitive statements, speakers, decisions and context, always refer to official council sources. We accept no responsibility or liability for any reliance on it.

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