General Committee, 12 May 2025
Date: Monday, 12 May 2025 at 12:30PM
Location: Noosa Shire Council Chambers, 9 Pelican Street, Tewantin, QLD 4565, Australia
Organiser: Noosa Shire Council
Duration: 04:21:49
Synopsis: Resort MCU21/0110 approved, Odour limits set, Unitywater no appeal, Zoning review slated, Compliance Policy deferred 2025, Noosa River funding likely, Finances up, Environment endorsed.
Meeting Attendees
Committee Members
Brian Stockwell Karen Finzel Amelia Lorentson Jessica Phillips Tom Wegener Frank Wilkie Nicola Wilson Executive Officers
Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Strategy And Environment Kim Rawlings Director Infrastructure Services Shaun Walsh Deputations
Meeting Transcript
Brian Stockwell 00:06.321
Welcome, Councillors, to the May General Committee Meeting. We'd like to start by paying respects to the Kabi Kabi people, their elders, past, present and emerging who were custodians and continue to be custodians of this place like us. There's a very long connection. We have all Councillors in attendance. We then move on to confirmation of minutes. Would someone like to move to the confirmation of the Minutes from the previous committee? Moved by Councillor Lorentson and seconded by Councillor Wilkie. I will put it to the vote. Those in favour? And that's carried unanimously. We don't have any presentations. But we do have a deputation. The from Juliane Vogler in regard to the Upper Pinbarren Creek Road. So if I can ask the deputy to come to the lectern and address Council. Welcome. Juliane Vogler 01:08.654
Thank you for allowing me that I can talk about this long ongoing issue with Upper Pinbarren Creek Road. And I hope that you can take appropriate action after this. I would like to prefer here, be but it is what it is. So I have to go ahead. So my heading is still helping for a positive, sustainable outcome for Upper Pinbarren Creek Road. Is I'll tell outside of Pomona with Kin Kin, so turn left and I live up the hill in the forest. That's why I'm here in Australia, because I love nature and I care, and that's why I'm here. Upper I've Pinbarren creek road was established in 19, around 1912, the property I live on, it's not, always, I'm a little bit in and out, I'm sometimes overseas, was a banana farm, the first banana farm in Queensland and built that road because they needed to get their bananas on the market. So it was a functional road, over 100 years it has functioned quite properly. Of course we have floods and this is just normal for this region and then some boards fords overflown but it's just a matter of a few days. So my name is Juliane Vogler, I'm a resident and I do care. Let me outline a little bit of sort of a scenario. Since then we have been approaching Council to appropriately act to save this road and to make it a functional road. In 2008 it was it the was start of the tilt of the road on top of the hill, this is where I live, has been changed. A young supervisor said, "Nowadays we do it differently, I just learned it fresh from university." This road has not been built with a grader, because the first grader came to the Sunshine Coast, obviously, in 1935, so 20 years after. Then, in 2009, there was the Easter flood. Staff came and approached the owner of the property, which is not very well, that's why I'm sort of filling in, asking for being able to take material out of the driveway to fix a canyon, emergency fix a canyon on the road. He agreed and said yeah of course, if that's an emergency for fixing the road, go ahead, just bring it back. Did not happen since then, so that was in 2009.2015, some staff came and started to dig a drench between road and driveway. Yeager approached the police and said this is a Council matter. So he approached the Council and bellington at that time sent Bernard an SMS saying staff has determined that work in the road is not being undertaken by a Council. So who was that? Question. In 2017 I was here for a few months in Australia and when I told me that this is it's not coming to a resolvement so I said okay maybe I can try and get in contact with the Council and that was when the first time I got in contact with Frank Wilkie. I rang him and two days later he was up there and had a look. So we discussed the situation with the driveway. Words like tilt and camera come into play because the tilt has been changed and when tilts of roads are going to be changed that means a redirection of water. And every toddler knows water runs downhill so it has a massive effect what happens and I consider graded driver as very highly skilled because they have to tune in and it's maybe just a few millimeters to make the difference where the water is running towards then maintenance was a little bit on and off and then in 2022 we had this millennium flood so in that region we had 1.5 metres in like three days and the road survived quite good because bonadieck had the chance to talk to a rail operator and they agreed and it was a very highly skilled grade because the water flow was the right way as it was all 100 years before. In October 2022 I approached Frank Wilkie again. He came out again with Joe Jurisevic and I brought this ongoing issue because on and off, so there was still a gully between the driveway and the road brought other problems of the road to their attention. End of '23 there were two new bridges built, millions of dollars, and I think it came out of the budget of catastrophic disaster. Have to tell me how that is called. Something, money from the State. So it was late '23. On the 10th of January, 2024, I had a meeting with the had a meeting with the manager of my maintenance, team Alex Neville, on the road and pointing out there is a problem with a ford, which is constantly overflowing because the green ban is full. There is a fall entry since 2022 which is like acting like a dam it redirects the water back to the road and he agreed in all that we had a very efficient conversation and on top of the hill where the driver is he sort of said we don't have to talk about this I can see this it's pretty obvious yeah if you have an eye and the skill for it you know what's going on. Then in March 2024 there was an incident it to a court case where Nadia was not convicted. That court case was in my opinion totally unnecessary but however it was the case and April then April 24 so that is January I had a meeting with Alex Neville and in April was maintenance due and on the 23rd and 24th of April 24th of April staff has done really good work again like it was and it worked for 100 years and we were so happy so the driveway was not repaired so this material is still not back that what was taken out in 20 2009 but the road the till of the road was back to as it used to be and as it worked this is what we want a functional work a road 23, 24 and then was a day, public holiday, Anzac day and after Anzac day on the 26th they came back and changed the tilt again redirecting water 26th and 29th and just recently we got a text message from the Council after Bernard met someone from Telstra that in that time the landline was destroyed. So, what's going on why do they come back when the perfect work was done before this is what needs to be invested in it who is it who comes and does the good work is it the operator is that instructed by the Council is there a supervisor who instructs what workers do what happens with the quality control after performed maintenance work this is all the questions I have 24 20 so a few months after this on and off. On the steep slopes of the road eight months specialist teams I guess work that's millions of dollars and at the end that was February March when the top layers of the road were placed and drainages I don't know was it doing this or maintenance crew I have no idea however the maintenance resulted in severe washouts when we had a little bit more than 300 milliliters in three days on the 26th 27th and 28th of March not an engineer and I'm not specialised in roads where as I have I'm learning when you drive this road up and down and I walk this road and I used to go by bike, by push bike. Spending millions of dollars and then the final bit is not done in a way that it facilitates the water flow that we don't promote washouts. I don't understand this way of dealing with this road. I do not understand. It has to be the last bit done accordingly to facilitate the water flow that we flow don't we have washouts. The road used to have no washouts before, so there was a very clever system of tilt, camber, drainage, pipes underneath, depending. It's a widely steep bit of the road. How do I run with time? Brian Stockwell 13:03.404
You've got a little over two minutes left. Juliane Vogler 13:06.930
Okay. So I'm asking you, please take action. How do because it affects our mental health. In the meantime, my mental health as well. It consumes my life. This is my day off. On Thursday, I will be here as well. This is a day I take leave. I would like to go for maybe a beach walk like other people do. So please do not ignore. This situation. Please take action. Please stop ongoing erosion. Please look into repair, maintain, and sustain. Noosa has a reserve status. I was happy when I read the Kabi Kabi Commitment, and they invite us to tread lightly on this continent, and I ask you to stop this destruction of this old road and to make a road functioning as it used to do all hundred years before. And I'm asking you to, on the top of the road, to make sure that it's not separating the driveway from the road, and a big gully is there. And I would be happy if, as a resident, we would be welcome to provide feedback at an early stage to be part of prevention. Sustainable, maintaining the road as it used to be, because at the moment it's really going downhill. I hope this is not a dream, I hope it's come true. Thank you. Brian Stockwell 15:00.692
So we then move on to items in section 7 and the first one is a report referred to the Planning & Environment Committee. It's a further report on MCU 210110, applications for material transduce, resort complex and utility bar, food and drink outlet, outdoor sports and recreation and club, minor extensions, existing clubhouse at 61 Noosa Springs Drive. Ends. Noosa. And we have the manager, the Director and the officer in development control here to brief us and to answer any questions. So Patrick are you doing the overview? I'll am take Andy a look. Patrick Murphy 15:46.227
Castle, I'll I take a little bit of your time just to run through the history of this one and probably doing a bit of reading if that's okay. So I'll just go back to the beginning and the application was lodged in June of 2021 over land that is located within Noosa Springs. The site is split-zoned. Most of the lower part of the site is owned tourist accommodation, with the remainder of the site is owned recreation and open space. Specifically, the site is approximately 38,055 square metres in area, of which 23,447 is tourist accommodation. Urist accommodation, with the remaining 14,608 is owned recreation and open space. The site is subject to the following overlays: land subject to acid sulfate soils, biodiversity waterways and wetlands overlay, bushfire hazard overlay and the landslide is an overlay. The Noosa Springs golf and spa resort and most of the associated car parking areas are located within the Tourism Accommodation Zone. Four tennis courts, residual car parking areas and located within the Recreation and Open Space Zone with the remaining area being generally vegetated. The site slopes from east to west with natural topography modified by a series of platform each accommodating the existing buildings, car parks and tennis courts. The application is impact assessable and was subject to notification 395 properly made submissions were received all objecting to the application. Was first considered by Council at the July of 2023 round of meetings and at that time the office of report recommended that the application be approved however Councillors were not supportive the application and grounds of refusal were prepared reflecting Councillors concerns at that time the applicant stopped the decision-making period which meant that Council was not able to finalise a decision on the application a further report was prepared for the Planning & Environment Committee on the 7th of November 2023 at that time the applicant had not layout of the proposed development however provided several written submissions which included an analysis of the submissions made during the notification period a letter from a solicitor reviewing the proposed grounds of refusal and a further letter from the applicant's planning consultant seeking to justify grounds support the development on the 13th of November the applicant made another change to the application to include an extension of the existing clubhouse the change was another change as it introduced the new land use into the application this meant that the application reverted to the confirmation stage and no decision was able be made. The application at the November round of Council meetings a report considering the proposal including the other change was prepared for consideration at the Planning & Environment Committee Meeting dated 11th of June 2024 and at this of the matter, was referred to the General Committee Meeting. At the General Committee Meeting it was agreed to defer the matter to a future meeting round as the applicant requested to extend the decision-making period so it could enter into meaningful about changes that might be made to the proposed resort hotel that are reasonable to address any valid planning concerns that councils might also have about the development. On the 27th of February this year, the. Applicant made a minor change to the existing application, reducing the proposal from a 106 bedroom resort to a 69 bedroom resort. In a letter supporting the amended application, the applicant advises amongst other things. That the minor change stems from concerns raised by Councillors about the scale of the development, which unavoidably extends into the recreation and open space and partly into the biodiversity waterways and wetlands. Towards the east of the site. The changes being made to the development are detailed below including pavilion 5 being removed from the top of the site towards the east with the stair and lift area reconfigured for pavilion 4. The presidential. Suite amended from two deluxe rooms. Sorry, to two deluxe rooms with a reduction in terraced areas. Minor increase in the size of the amenities building which will provide wellness facilities that complement the recreation zone. To the overall design of the open space areas with pathways and small deck areas provided and increasing the size of one of the tennis courts so that it was an ITF pro 2 size tennis court and a reduction in the height of structures above the deck car park. The minor change plans form the basis for the current assessment. Noting earlier officers' recommendations regarding previous versions of the development and noting the reduced footprint associated with the current minor change, the application is supported subject to reasonable and relevant conditions. The issues, that are pertinent to the application are obviously primarily around land use. Being a split zone site, we have development that extends into the recreation and open space area in which the resort is an inconsistent use. The most recent change has reduced the extent of development within the Recreation and Open Space Zone and it's also noted that the pool area has been decreased from 1157 square metres to 457 square metres in area. Terms in of odour, odour, an report was submitted with the application which was refined as a result of review by Council's external consultant. The report utilises accepted methodologies and our expert is satisfied that the use is suitably located within accommodation facilities located beyond the 2.5 odour unit line. Whilst parts of the redesigned pool and outdoor recreation area are within the 2.5 odour unit line, recommended conditions limit the use of the area so that it is not available for use at times when the 2.5 odour units are predicted to be. Notably, the buildings were previously 302 metres from the infrastructure within the sewage treatment plant. They're now, sorry, they were previously 270 metres and they are now 302 metres, so an increase of 32 metres from the previous proposal. In terms of traffic and car parking, we have had a engaged a traffic consultant who satisfied the provision of 250 formalised spaces was appropriate for the initial 106 room proposal. The applicant has not reduced the amount of car parking for the 69 room proposal currently under consideration. There is also an additional 38 overflow car spaces provided, 19 in two locations. In service of bushfire, supporting documentation provided by the applicant and subsequent review by Council's consulting bushfire and Environmental officer have resulted in recommendations so that the risk of bushfire. From bushfire to the resort was suitably mitigated. An emergency response plan including the evacuation plan was also provided and determined to include appropriate strategies. The current proposal has separation of the built form from the potential bushfire risk. In terms of biodiversity, through the year assessment process. Amendments were made to the location of the tennis courts. To preserve the map koala habitat vegetation. Officers were supportive of the intrusions of the biodiversity overlay associated with pavilion 5 on the basis of the nature of the vegetation in this location, the rehabilitations that occur throughout the site and the voluntary offset involving 120 koala habitat trees and 25 possum black bee trees. The current proposal. Has reduced the extent of intrusion into the biodiversity overlay and when considering the extent of the limited intrusion associated with pathways and the like, this intrusion has been reduced from 1562 square metres the rehabilitation to square metres to 720 727 square metres. Notably, the rehabilitation and voluntary offsets are to proceed as originally proposed, the removal of the VN5 has provided the retention of 38 trees that were proposed to be removed. In terms of the tennis courts, they were relocated to ensure the protection of the map koala habitat. The tennis courts are situated on a platform above the existing car park, is where they're now proposed to be, and conditions have been recommended. Limiting the hours of use to mitigate potential odour impacts on users of the tennis courts and the hours of which lighting can be used, also noting that one of the tennis courts has been increased in size. An acoustic review has, um, has also been undertaken throughout the process. That is placing limitations on when the tennis courts can be used. The tennis courts are limited to two courts between the hours of 6:00pm. To 9:00pm. And no use of the tennis courts after 9:00pm. And 7:00am. There is a grease trap that needs to be extracted approximately once every 1 to 2 months. It's noted that the grease trap will result in noise above the prescribed background levels, more than the 3 decibels. Our acoustic consultant is satisfied that this is reasonable the infrequency of the use, and he's also proposing that a further acoustic report be provided with recommendations to further limit that impact, some form of barrier, some form of attenuation to occur. The loading dock is an existing loading dock, and it's proposed that where waste is taken from, it's still proposed that waste be taken from that loading dock at the same frequency. That's every day for general waste and twice a week for recycled waste. There will be more waste that will leave the site than what is currently leaving the site. It just means that the truck will be sent to more bins when it's there. In terms of site cover and plot ratio, the, proposal um, as a whole is significantly under the amount of allowable plot ratio for the site. The Tourism Accommodation Zone permits 15,240 sqm of plot ratio. The total amount that's proposed is $8,738, total amount that's proposed $3 is $8,738, $3,000 of which is in the Recreation and Open Space Zone. Similarly, the site cover is significantly under the amount that's allowed across the site. $9,378 permitted across the whole Tourism Accommodation Zone, and $1,460 permitted in the Recreation and Open Space Zone which is a total of $10,838. $9,660 is proposed and that includes car parks and tennis because those items are elevated they've been included. The original proposal had some exceedance in building height as you'll be aware the topography is quite steep for large buildings. To come down that slope and to maintain the maximum height is quite challenging. The extent of building height exceedance is the same as what was originally proposed. The amended plans haven't resulted in any frustrations in the maximum building height. Um I that covers yes that covers all the issues and as I said previously the officer recommendation is again to support the application. Brian Stockwell 27:50.162
Thank you. Do you have any questions? Amelia Lorentson 27:55.821
I'll start. Unitywater why does Unitywater still strongly oppose this development and what specific concerns remain despite the revised proposal? Patrick Murphy 28:12.288
Unitywater have made a number of deputations and written a recent letter to Council. Their position hasn't changed throughout. They would like to see a greater separation between the resort and the treatment. Of concerns that an occupier of the resort will make a complaint which will have implications upon how they manage their site and potential cost implications associated with that. Notably, the applicant has provided a odour report that has been reviewed by our consulting expert and utilising the 2.5 odour unit line as being the acceptable line to delineate where development should occur. I'm satisfied that the proposal is sufficient. The 2.5 odour unit line being the area beyond which it's been determined that odour won't be exceeded. At 2.5 odour units more than 99.5% of the time. So again our consultants are satisfied and have made recommendations to conditions because some of the outdoor areas actually go into, go beyond the 2.5 odour line. So have sought that the use of those areas be limited to the hours, so that the hours when odour is most likely to be an issue, being in the early morning, noting with 99.5 percentile that the 0.5% I think equates to 43 hours across the whole year. There would be limited times on a daily or weekly basis where that might occur outside the odour unit line. It's also noted that the separation distance of the building at 302 metres is larger or greater than some of the residents that are located within the oasis occupied by and standing by permanent residents. So the opportunity for complaints to be made about odour is in my not exacerbated by this proposal with residents already within close proximity. Noting there's also recreation activities that can occur on the golf course and on the existing site that are in much closer proximity to the sewage treatment plant. The letter from Unitywater talked about 12 complaints over I think the last 28 or 29 years. There's no detail around where they've come from specifically and it's unknown whether those 12 complaints were from one event, two events, were they from people that were within walking within proximity to site and also where that there's the Men's Shed and Women's Shed located within close proximity to the sewage treatment plant as well closer than the accommodation that's to be proposed so. Brian Stockwell 31:24.682
Just so we can lump issues together is there anyone else with questions around Unitywater? Tom Wegener 31:36.708
Original plan prior to the 2020. And you had a big development there that was organised, then you had all through development it was cut up. The 2020 plan. And, let re me-assess see, reassessed period. The area and said we want a five-star resort and we want it here where before it was a much bigger property, but I always can't grapple with the five-star development goes on a biodiversity area. On public use land and is so close to the treatment plan. And in the back of my mind, I'm always wondering, you know, perhaps was that a mistake in the 2020 plan to actually allow a five-star resort there? Or what was you more were see it in the future? Brian Stockwell 32:29.797
Saying, the Councillor, the question you posed is why a decision of a Councillor is not a decision of a staff. So if there's not a question specifically related to Unitywater and issues, can you think if there is something specific you can ask the staff rather than the bacon? I have a question, Mr. Frank Wilkie 32:49.624
Chair, if I may. It relates to the ODI, 2 it relates to the line, ODI, 2.5.0 could.4. You explain how that relates to the ultimate intended zoning for that parcel of land in relation to, because the report says the tourist accommodation uses and open space recreation uses intended for that property are not cadastral. So could you explain how the odour unit line is meant to determine the uses, is pivotal to determining the uses and the alternate zonings on that site, please. Patrick Murphy 33:34.776
That's good. So at the time of the list of plans 2020. Coming in and implementing the Tourism Accommodation Zone, it was intended to have some form of separation from where the Tourism Accommodation Zone would be and where this retreatment plan is. That was not defined by a surveyor as a cadastral zone to say the easternmost point is, and you know, a surveyor reference to pin it down. This future applications and this application have provided the opportunity for ground truthings to occur as to where it's most suitable for the resort to be located. The Tourism Accommodation Zone as it's met at the moment partially intrudes into the ODE line. So a scheme says it's reasonable to have a resort within closer proximity of the sewage treatment plant than what's proposed in the current application. Hasn't sought to put bill form and accommodation in that area and has maintained the suitable separation being the 2.5 over unit line. Frank Wilkie 34:45.779
And you're saying that already there are residential estates as part of Noosa Springs. So within close proximity to the Shire's treatment plant, golfers on the course are often close to the STP and you've also got the men and women shed in close proximity the STP in this current resort. Do we know if those complaints are related to anyone from those locations and if so how are those complaints handled? Do they result in an upgrade? The STP? Patrick Murphy 35:27.106
Firstly you're correct in terms of there being other accommodation and buildings that are used by the minton Women's Shed and recreation activities that occur in close proximity. We don't have specific details of the complaints because they appear to have been made to Unitywater and not to Council but suffice to say there's no occurred that we are aware of as a result of those complaints and they have not advised us that is the case in their communication as well. Frank Wilkie 35:55.847
Is it the case that Unitywater have advised us that if there are complaints from this resort that may be obliged to upgrade their STP and therefore pass on costs to the community. Patrick Murphy 36:09.060
That is the position that they have taken. And as you say, there have been 12 complaints in the past that haven't resulted in an upgrade to the treatment plan. They have spoken about the. There's a treatment plan that required a $38 million upgrade in 2010. That was something that was being referred to in their deputations. That treatment plan is within 70 metres of permanent residents I've sent you a document I'm not sure whether you've got it might just provide some context and just in terms of the complaints that stimulated works to that treatment plan so um so I just get up if that's okay so this is the site that required a 38 million dollar break as you see there's a from infrastructure there's a house within 70 metres this line here is 300 metres this is the separation that is proposed as part of this application so in that I'm just showing in context the amount of permanent residents that were in proximity of the treatment plant that we are requiring greater separation if you go to the next page it just shows you the scale of this treatment plant that's 53 000 square metres of area where in which the infrastructure is located the next one shows that the treatment plant can just go around if infrastructure is 22 000 so the scale of the infrastructure is much smaller on this site as well. So this is the Noosa SCV? Yeah. The previous was more on the downs in Brisbane. So just again I know you awarded my deputation so it's just important to clarify the difference between the two sites that they've been using as a benchmark I suppose. Frank Wilkie 38:17.655
That's all the questions I have from the meantime. Odour, thank you Mr Chair. Amelia Lorentson 38:21.030
Anyone else have an odour related one? I have a couple more questions with the Unitywater concerns. The first one is under the environmental impact statement section 3.10 of the buffer area that was commissioned by Noosa Council in 1995 when the sewage plant was last upgraded and I'm reading this out of the letter that was sent to all the Councillors from Unitywater it actually states that the statement section 3 guests it needs to be a buffer zoning of more than sorry within the 400 metre buffer zone that's required under the EIS can you explain or give this a little bit more context? Patrick Murphy 39:14.968
Um it clearly predates my time um and I don't have a copy of that document um I am aware through um my review of this application review that when half grid was approved there had previously been a 600 metre buffer and I believe that might have been in the scheme and at that time it was determined based on the upright that it occurred to the go within that buffer down to I think it was approximately 400 metres again as part of this application we've had technical reports that have been prepared by the applicant reviewed by our consultant who are both satisfied and Unitywater have not put through forward any technical reporting or undertaken any technical reporting through this process so at the moment the veracity of data and information that we have certainly sits on the side of what the applicant has provided um and noting that the methodologies that they're undertaking and the principles that are applying are something that will be validated through the Planning & Environment Court. Brian Stockwell 40:25.786
So if I can just follow up is it likely that those standard methodologies that are accepted by the court would not have existed when the point of me but I would suggest that's the case I would agree with you. Amelia Lorentson 40:38.741
Yes um my last question in terms of just our discussion around contour lines if Unitywater is correct who will ultimately bear the costs of infrastructure upgrades if hotel guests do complain about odour issues I'm. Patrick Murphy 41:00.754
Not aware of the structure of. Richard MacGillivray 41:01.996
The water yeah look I guess it's a difficult answer to understand because like any complaint that requires an investigation there's relevant factors and circumstances that need to be considered as Patrick's alluded to they've already received 12 complaints over since 1997 so 28 years we aren't aware if that's resulted in any changes to their operation so it doesn't necessarily mean that they'll have to make any amendments or their operation I guess have come down to the nature of the investigation and whether there's a failure from the licensees perspective and I guess again based on our position is we've had technical thoroughly experts review and robustly and we feel comfortable that the scientific assessment has been undertaken through this process is robust enough to withstand complaint and if complaints are made through to Unitywater or through the regulator they'll be able to look at the information that's been presented as part of this report and give way to that as part of their investigation. Amelia Lorentson 42:16.763
I don't know whether the Chair will allow this question but we have reference the 38 million dollar upgrade down in Brisbane bore the costs of that? Richard MacGillivray 42:27.924
I'm not aware but I assume it would be you who would have had to do that upgrade as part of a regulatory action by the State government I would assume. Thank you. Jessica Phillips 42:38.856
I have a follow-up question to that then please. When that upgrade was done. And this might be a question on notice but was there then an increase to the entire Shire on the Unitywater costs to residents after that upgrade? Is there any way we can find that out? Richard MacGillivray 42:56.711
But we haven't got that information specifically. From I guess it's a bit more of a private matter for them in terms of how they passed on those costs but obviously given local governments are shareholders of Unitywater they will probably have to relay on some of that. We need to also consider again what the historical circumstances were was the plant required for an upgrade what was decision-making around the residential location of the proximity to the plant there's a whole range of different factors and that would have been probably worked through thorough investigation very hard to try and draw exact similarities between that site I think the key takeaways from Patrick's comments is that the circumstances on that site in Brisbane was significantly different to this one that was a distance of 70 metres to where permanent residents were residing this is proposed for a resort development which involves temporary occupation consistent with the land use intense that Council has endorsed for that particular site. And we exhausted that one of the questions. Brian Stockwell 44:08.680
Is there any other questions there that councils any have? Other questions that Councillors councils have, Councillor Finzel? Karen Finzel 44:15.135
Yes, through the Chair. In the correspondence we received from CEO this morning, the concern seems to be that the combination of enforced reverse amenity and the potential increased odour complaints could result in legal action against unity. May lead to prosecution, costly plan modifications and financial loss resulting from civil cases. I know we've got a process that guests that have been conditioned can go to the hotel in a different way. What is the risk to Council through a civil case against even Council for approving this application. Richard MacGillivray 44:57.125
My only comment would be is that Council has based their assessment under the Planning Act based on the information lodged by the applicant and we've robustly assessed that through an independent qualified expert who would likely be in a situation to support us in making a decision through a legal process anyway so we've got a robust assessment undertaken from a qualified expert and that's the normal process you would undertake to evaluate the risk and whether or not the applicant has demonstrated their obligation and Planning Act to provide technical material to assess against the relevant scheme provisions. Patrick Murphy 45:44.978
And just to reinforce the point from before the Tourism Accommodation Zone again goes into the photo buffer line so our got to keep saying the resort is a consistent use in the Tourism Accommodation Zone and seeking that kind of development in the Tourism Accommodation Zone we've mapped it so that actually intrudes into the buffer but this application doesn't seek to develop the accommodation in that area it's pulling the buildings away from that area so I think the shows that due diligence has been done by the applicant and that they've responded to the reporting that's been undertaken by the consultant and reviewed by our consultant as to the suitable location for the building in terms of odour. Thanks. Richard MacGillivray 46:31.632
It's also worth pointing out that Unitywater did not make any submissions during public notification of this application. Karen Finzel 46:37.218
That was my next question through the what's chain the list because there was not a properly formed submission made by Unitywater? Brian Stockwell 46:49.305
The legal aspect in the Planning Act is they can't appeal. Amelia Lorentson 46:55.845
They can't be added. They can't become submitters to the appeal. Karen Finzel 47:00.827
Right. Okay. Thank you for the question. Brian Stockwell 47:06.109
Questions? Nicola Wilson 47:09.855
Just a small one on noise. In the conditions number 13, the noise limit, there's a limit past time plus term here where the noise level has to drop. But at the same time, the swimming pool is operating until midnight. Is there a risk there that, first of all, that noise limit wouldn't be adhered to? But also, how does that compare with other resorts that have a swimming pool until midnight? Patrick Murphy 47:42.811
I think the condition around the swimming pool was a response to the odour impact. I think it would be logical to amend that condition to pull that back to 9:00pm. Or 10:00pm. That would make sense to do that, just. To ensure that there's no impact. Jessica Phillips 48:07.273
I'll keep going with those. Brian Stockwell 48:08.773
Is it still on the noise? Nicola Wilson 48:10.513
Yes. Okay. With the waste issue, if we don't have a waste management plan yet how can we assess what the noise impact would be on residents? Patrick Murphy 48:24.265
There's been a waste management strategy that's been provided why by an expert in that area. In that area and that has been able to be reviewed by our acoustic consultant the hotel will generate waste and that'll be brought like by a cart an electric cart down to the existing Logan dock within the resort stored in a bin storage area and then collected on the same frequencies as it's currently occurring so the consultants were satisfied that there was no increase in noise impacts. Resulting resolving by the same activity occurring. It's acknowledged that they'll be there for marginally a longer period of time. From memory or from my recollection they're plastic bins that are re-loaded and that minimises the noise impacts associated with collection of those bins. Nicola Wilson 49:27.974
So the fact that there will be more bins that might be there for longer, that could increase the. Unidentified Speaker 49:36.789
Amount of time that residents are exposed to noise? Patrick Murphy 49:39.353
Yeah, I would suggest it's negligible, noting not aware of any complaints that are occurring from waste collection at the moment and that these dwellings within proximity to the site are located adjacent to Resort Drive, along which a range of vehicles will travel to approximately 150 dwellings. So, the dwellings themselves will generate quite a lot of vehicles and also different trucks accessing that site for maintenance and deliveries, and also a garbage collection as well. So, it's certainly not a matter of significance as in terms of a meeting. And maybe. Brian Stockwell 50:21.148
Any other millions related questions? Any other topics for questioning? Frank Wilkie 50:28.356
I had a question in the report. You mentioned that there are 120 koala habitat trees to be planted as an offset, but could you explain this latest version of the application doesn't involve the fairing of koala habitat trees, but there will still be an offset can you explain how that's come about, please? There's a bit of history here that we might have heard before. Patrick Murphy 50:55.799
In relation to the first application, the first design. In its original form, the application was going to only tennis courts and they were going to be in an area that was mapped as co-habitat area and the matter was referred to the State for consideration and the State was satisfied that they'd be removed and that a financial offset be paid. I think it was approximately $15,000. However, it was also in our biodiversity overlay area and we were mindful of the koala habitat values and we were not supportive of the tennis courts being located in that area. And hence why the tennis courts have been relocated. There's now four tennis courts in response to submissions that were made and that area is now to be retained and protected through rehabilitation. Through the process when we're when being Vivian 5 was proposed to be removed and there's vegetation removal that was to occur there, the applicant was proposing some offsets of the koala habitat trees, 120 and then 25 posse black bee trees. To be provided in locations on the golf course they will review those locations were reviewed also to ensure that there's no enhanced bushfire risk associated with their planning and there's not and so that's it's a voluntary not offset at because this stage. Frank Wilkie 52:24.992
Of clearing Cooroy and Doonan. That is correct. Thank you. Amelia Lorentson 52:32.314
Other questions? Um Justin, too. Just in terms of the emergency response plan, again we received emails from residents concerned or not having enough time to adequately provide objective input into the bushfire the management plan. They've a raised of quite a few concerns in terms of traffic and parking, in particular because they raised this last time the application came to Council. They've made a request that should the application be approved, the ERP should be reviewed and signed off by the emergency services. And there's, you know, I think last week staff. At the. Together an information session and their concerns around bushfire is very real and they would like Council to. My question is, will there be an opportunity, if the application is approved, for the ERP to be reviewed and signed off by emergency services? Patrick Murphy 53:43.433
Historically that had been the case that Council would condition that reports would need to be approved by the emergency services. They don't undertake that activity anymore, pretty much since my time at Council of eight, nine years. They will not do that. We've asked you to look at things in the past and they've just extracted themselves. Of the process. Frank Wilkie 54:12.028
There is opportunity to condition that those reports are submitted to QFES for their records and that's something that we do generally on all applications with a bushfire hazard assessment or evacuation plan. So Council does try to give that opportunity to the third party to have input into those reports and at least have them on hand so they understand what's occurring in the shop. Amelia Lorentson 54:38.001
So that can be conditioned in this report? Patrick Murphy 54:40.697
We have conditioned, already we've conditioned that they be provided to the emergency services. It's already taken? Yeah. A copy of the wood fire hazard assessment report and mitigation plan and evacuation procedure listed within this decision notice must be provided to the nearest fire authority is existing proposed condition 82. Jessica Phillips 55:14.201
I have a quick question on that. When was the last time we checked in with QFES around providing that sort of information as I understand they sort of come into a different umbrella now with fire management with QFES so I just want to know when the last time we checked that they still wouldn't be involved in assisting reports around this? Patrick Murphy 55:37.491
It would have been within the last 12 to 24 months. Shaun Walsh 55:52.135
The State of arrangements with QPS and QFES are going to stay in flux while they sort out the arrangements and I just wanted to note that they say it will be a couple of years before they actually confirm all the different arrangements. So our advice on lots of other things, the SES manager and the whole host of questions are in the picture but I think it will be some time before we get clarity on the changes. As yet they haven't changed any of the standard arrangements. Thank you. I'll stop looking at myself, thanks. Brian Stockwell 56:25.355
Any further questions? Amelia Lorentson 56:28.800
Again probably a question that was raised when this application last came to Council. There was a parking survey I think that was carried out in January February has Council or the applicant undertaken any more recent parking surveys? I just know someone who goes to Noosa Springs it's almost impossible at certain times of day to get parking. Patrick Murphy 56:55.624
So at that time the survey was reviewed by our traffic consultant he is someone who's very experienced in traffic matters and issues in the court and he often questions and he did in this circumstance, the methodologies that is being used by the applicant to determine the suitable amount of car parking at the end he was satisfied that 246 car spaces would be suitable the applicants providing 255 formalised spaces and another 38 overflow four spaces. So so far exceeding. The amount that was recommended and with the reduction in rooms from 160 to 69 bedrooms that car parking is to remain as it currently is proposed so no reduction in the car parking that was originally proposed and supported for the 106 room development. Thank question? You. Amelia Lorentson 58:00.622
Can the developer come back to Council at a later stage and put an application for further development on the site? My question is are we actually assessing the 69 room development that has no opportunity for expansion. Patrick Murphy 58:16.877
We're assessing a 69 room development and every approach. Approval can be sought to be changed or modified, increased, decreased. It's a right of an approval holder that. At the moment the footprint as to where the hotel accommodation can do occur is constrained by the existing buildings that are on the site. Application that should there Council be a it would rigorously assessed and there be a future application that would come to Council it would be rigorously assessed and all the matters that we've considered around car parking and bushfire ecology would again be considered. Brian Stockwell 59:01.362
The matters that we've considered around car parking and bushfire ecology would again be considered. All the matters considered. I zoning and the strategic framework maps covering the site be reviewed as part of the next amendment of the Noosa Planning Scheme to provide a cadastrally based boundary to the tourism accommodation zone and an amended urban area boundary to reflect the approved plan. Frank Wilkie 59:30.506
I'll second it. Brian Stockwell 59:32.668
So as we've just been discussing it, the addition to the staff recommendation is aimed at reducing the potential for Council having to consider further development. Which was one of the concerns expressed by the submitters to the original application. Which I don't think I need to talk any more on that. I do need to explain why I am supporting the development where previously. The initial General Committee Meeting I moved for the refusal and Cathy if I could have attachment to figure one up and I'll explain why. So what we've seen since this was originally proposed is the removal of the eastern most wing. The eastern most wing is closest to the Resort Drive and closest to the surrounding residents. We have got advice from staff that the area, yeah, oh we've you see up there where the orange is the Tourism Accommodation Zone, the green is the open space. If you go down to figure two, the change proposal. So you see that eastern area wing has been removed. In that area we've been advised that there's 38 trees that will now be retained that weren't retained in the original proposal. That area contains quite a number of quite mature eucalypt trees. Um they talk about in the you know talked about DBH it's 30 and 40 centimetres that means the diameter of the tree at breast height. But and it also talks as was in the original application original report that the environmental consultant didn't rank the area that was either in the original proposal this one is having high conservation value. I need to say that is most likely from a biodiversity conservation perspective. There was mention of the Kabi Kabi Commitment earlier on and the Kabi Kabi Commitment actually starts with the words Welcome to Noosa, a place of great cultural and spiritual significance. This is a place of shadows from the Guardian trees and that stems from the Kabi Kabi word of Noosa being place of shadows. So when we actually did the commitment I asked one of the native title applicants what the Guardian trees meant within the context of Noosa and he said it's the high places with the cypress pines and there's actually quite a few cypress pines. This hill that will be retained now. It's actually when I went and did a drive around it was one of the values that I saw there are very few of these areas left around Noosa in the national park there is certainly that ecosystem but it's just another way to look at what the change is it actually retains this place of shadows I know when park ridge went ahead there was a bushfire buff around the edge which actually took away some of this mature cypress vines it was one of my significant concerns at the time so one of those things is not only is the separation distance greater but also the what is coming back into an area which can be retained with native vegetation there's pathways going through it so some of those concerns about the loss of biodiversity the overlay is mapped on the existing view of the vegetation and we heard in earlier discussion last Tuesday that the impact on that biodiversity overlay has been approximately halved the other one is the development into the open space zone and if you look at the map there my position for some years even before this development after our occasion came to Council is that it was appropriate to consider- It's been four minutes. Oh, good. Sure I'm just about to finish. The chairman won't give him any extra time today was that where the initial disturbance on the tennis courts was so if you do look at that actually takes into where the pool is and then you look at where the Tourism Accommodation Zone is outside the 2.5 line and you switch that up to where the extension into the open space zone is and you notice that the area is about the same so to me that is a logical compromise that we didn't have the information about the 2.5 line at the time of doing the zoning boundary and if we were to look at the best place to put it we probably would have put it where the buildings are now so I believe that it is a reasonable compromise that the staff advice in regard aspects to the of odour is something that we can't disagree with technical aspects of the and that the court is unlikely to disagree with so hence the change of my position. Who would like to speak next? Can I move memo please? You may. Amendment please? Unidentified Speaker 01:04:59.255
Sorry, Cathy. Nicola Wilson 01:05:19.153
To 9 to 9pm. Brian Stockwell 01:05:20.962
Yes, please. Do we have a second? Jessica Phillips 01:05:24.907
I'll second. Brian Stockwell 01:05:26.329
Segment of Councillor Phillips. You should talk to your amendment. Nicola Wilson 01:05:29.473
Oh, just really briefly. It's a minor matter, I know, but I just think within for noise within the hotel. And for surrounding residents, it would be prudent to restrict the pool hours. Brian Stockwell 01:05:40.565
I have a question. To be consistent, I know the debate between 9:00 and 10:00pm. Occurred with short-tailed letting. The Calile hotel did have a time limit on swimming pools? If you can't recall, is that something we can have available on Thursday? Patrick Murphy 01:05:57.189
I can't recall right now, I'm sorry. Brian Stockwell 01:06:06.231
Anyone else wish to speak? Frank Wilkie 01:06:08.358
Look, I'm going to support it. It's not only a noise mitigation but my understanding is limiting use of those, that facility beyond 9pm also limits the likelihood that they may be also exposed to odour, because it's beyond, yeah, that's my understanding, so I think it's a wise amendment. Sorry, if you'd say the time's being, oh, thank you. Sorry, you should say 9pm. Oh, thank. Thank you. Just a second. Perseverance. Just for us? Cheers yes. Brian Stockwell 01:06:49.943
Anyone else wish to talk to the amendment? Yeah, I'm happy to support it. If it turns out that other approvals have gone to 10, I think we should consider that as well. You said 10, but it says 9. Yeah, no, I'll support this now, but if I, before Thursday, I find need that we've set the Calile lagoon out to 10, consistent. I think we need to be question. Frank Wilkie 01:07:18.001
For staff. The reason, could you just tell us again the reason why using the courts to 9:00pm. Patrick Murphy 01:07:27.750
That was acoustic consultant's recommendation. Frank Wilkie 01:07:32.311
Consultants so two courts after 6:00pm. Till 9:00pm. Patrick Murphy 01:07:39.065
And four courts. Frank Wilkie 01:07:40.385
Yes. Does it have any bearing on, does odour have any bearing on that decision as well or am I off being there? Patrick Murphy 01:07:48.249
If the those areas it was after it was midnight it was similar to the condition that was proposed. Richard MacGillivray 01:07:55.679
Yeah. And just to confirm on the question from Councillor Brian, the Calile hotel has the use of the pools limited from 6:00am. To 9:00pm. So consistent with Councillor Wilson's recommendation. Brian Stockwell 01:08:14.626
Anyone else wish to talk to the amendment? Well, therefore, would you like. Councillor Wilson? I'll put the amendment. All those in favour? That's unanimous. We go back to the substantive motion. Does anyone else like to talk to that? Frank Wilkie 01:08:35.025
Yes, Mr Chair. I'll support the amended motion. This application has is kind of a long way. Since we first saw it. I'm particularly in favour of the reduction in scale, also the fact that the applicant has listened and has seen fit to amend plans no longer include any infrastructure in an area of koala habitat. But the offset that was approved at the time by the State government, they've still retained that, so there will still be 120 a koala habitat trees planted. Habitat trees planted as a result of this application, but there will be no clearing of koala habitat. It's been a tricky application for me because normally you're used to seeing very clearly delineated zone markings on planning maps, but the intent of this was that site was to be, the zoning of that site was to be determined after where the contour line headed. For the odour has been determined. So I'm pleased that as a result of this application the amendment of the Planning Scheme will reflect the intention of the zoning. Also note that there are already residential homes within close proximity to the STP in the surroundings and the conditions basically have gone a long way to ensuring that there will be no odour inside the rooms. And also use of the outdoor facilities will be limited to drastically reduce the likelihood that anyone would encounter odour while using those facilities. On the 43 hours of the year when it's it potentially could occur. Also note that there have been 12 odour complaints 12 odour since 1997. We don't know whether it's from the residential areas that are already closer to the STP or golfers using the course which is also close to the STP than this resort or the men and women shed which is also close to the STP than this resort. I think we've taken all reasonable precautions in regard to odour. That said it still has been quite an unusual and complicated and protracted process and decision and I will support it at this stage. You. Karen Finzel 01:11:30.608
I just have a question around what was triggered by the Mayor's comment around clearly defined zoning. Just a question through the Chair to the staff. When it came to the assessment, can you tell me, it was the hotel application, was it then assessed against open space recreation? Or the tourism visitor accommodation zone? Patrick Murphy 01:11:56.378
It's been assessed against, broadly assessed against the scheme, including those zones, as an impact assessed by application. Just to make sure. Nicola Wilson 01:12:10.494
And just by bank, remind, you said earlier that the head sinking system used in the recreation that's correct. Amelia Lorentson 01:12:22.859
I'll speak to the motion. I am not going to support the application. I simply can't go past the letter that we received by the CEO. Anna Jackson of Unitywater, which highlighted unacceptable levels of risk. Unitywater is a major infrastructure provider and a key partner in our region's sustainable development. When an organisation of this size and credibility delivers three formal deputations to Council and then follows up with a direct letter from its CEO. All Councillors I for one am going to listen. My question is why would they oppose this project so strongly unless they truly believe that the impacts are both foreseeable and significant. For that reason I can't support the development it's not a decision or a risk that I'm prepared to take. Brian Stockwell 01:13:33.384
You wish to speak? Karen Finzel 01:13:36.828
Well we don't it's a bit conflicting I don't know how to impose it because we've been told by staff that there was no proper reform submission can we well I feel then based on that can we get this referred to the next meeting to give us time to find out off Unitywater like if they're so strongly opposed to it I fail to understand why they didn't make a properly made submission I think given the complexities and the high importance of this application perhaps I put for the idea that we move this to the Ordinary Meeting to get some further information for clarity. So are you moving? I'll just hit through the Chair happy to hear from the staff. Patrick Murphy 01:14:30.656
When the Unitywater whilst in proximity to the site are not adjoining the site so did not automatically receive letters that an adjoining landowner would have received. So notification went out we had a lot of people within proximity to the site make a submission. Whether it was an error on their behalf I'm not sure but you we can't go back they haven't made a submission so that they don't have appeal rights. Certainly we tried to engage with them through the process we saw the significance of the odour on the development and sought to engage with them. Initially I had prepared a report to bring to Council but we delayed that report coming to Council because the then CEO actually wanted me to pursue further conversations with Unitywater. They expressed that they wanted to have meetings prior to that point in time but they never got organised. We put the request out there. They never got organised to attend or organise someone to attend that meeting. Record. We had better traction with them after the request from our CEO at the time Scott watters and we they did a they got a consultant to review and you'll find that's in my report their consultant reviewed the report they didn't do any technical reporting and have since made deputations and written a letter with similar substance throughout again not undertaking any technical reporting themselves. Can I have some questions Mr Chair? You may. Frank Wilkie 01:16:12.737
When you say haven't provided any technical reporting that's in support of their correct that's what would a technical report what sort of detail and data would a technical report typically include? It would be from their own item. Patrick Murphy 01:16:28.890
Modelling from their site which the applicants undertaken so you have to determine whether or not there is any technical reporting yeah that's to determine what is the odour that's actually emanating from the site at the moment and what might they consider as a benchmark a suitable level. Frank Wilkie 01:16:41.076
So would it be fair to say through you Mr Chair that it's Unitywater of so far just provided assertions not backed by data? Patrick Murphy 01:16:51.347
Correct yeah and it might also Richard, you might want to you might want to validate this but the letter from Unitywater is not part of the common material of the application so material was provided as part of the application it's been publicly informed people's submission letter to Councillors is the applicants haven't had an opportunity to respond to that this issue is I suppose it's not a new issue we've covered this ground before but again I don't believe it forms part of the common material for which the application should be determined by. Richard MacGillivray 01:17:28.614
And in that regard just adding to Patrick's comments there's obviously when we risks from a Unitywater perspective there's also risks for Council in terms of making a decision on based on the information it has before in terms of the assessment of that and risks of a challenge through a legal process as well so risk is something I guess when we make decisions we evaluate that through the context of what we're assessing against under the legislation that we're required to assess so that's a relevant factor for us to consider and councils to consider as part of a decision. Frank Wilkie 01:18:05.189
So just through you Mr Chair I clarify what the Director is saying you're saying if we perhaps refuse this application on the basis of a letter which is not part of the submitted material that is then subject to highly open to challenge in a planning environment. Richard MacGillivray 01:18:26.318
I would say that the letter itself I guess is ultimately it's the decision in terms of what we're deciding upon is that a sound and basis and then our ability to defend the decision or seek to ratify that through a process so thank you for help clarifying. Jessica Phillips 01:18:44.743
Can I ask another question just thank you um would you able be to tell me if unity would have ever done deputations about an application prior to this because they did do the two deputations I'm just wanting to know similar to um Council orison about the weight that they um not necessarily the letter this morning but for me they are a major stakeholder and they have in my opinion it would be a is it rare that they would go as far as doing a deputation and the fact that they have so have they done that before for an application. Brian Stockwell 01:19:21.355
Well I might answer that because others haven't been here deputations are a relatively recent inclusion into the Standing Orders and no they haven't. Karen Finzel 01:19:29.980
Through the Chair I'd just like to. That we've adjusted and agreed to the times giving people longer um. Nicola Wilson 01:19:46.180
We terms can kick. Brian Stockwell 01:19:48.376
Terms we can kick in the time that the legislation we was amended in my opinion in the 2016 2020 was amended in my opinion 2020 where deputations were in tonight where deputations were in tonight. Unidentified Speaker 01:20:01.295
The question to that. Nicola Wilson 01:20:02.935
Might be the question to that case that they haven't made a deputation to Noosa Council before but I think the question was broader about do they generally do that and I don't believe you know the answer but I think this statement was more about it seems a big deal for Unitywater to go and make a deputation to any Council. Amelia Lorentson 01:20:23.649
Turn chain. Can I ask a question to Richard, would the correct process given that the email was received very early today would the correct process be move a procedural motion, defer the decision to ordinary to allow the applicant an opportunity to review the contents of the letter is that so just in response to your concerns in terms of legal implications what is the correct process. Richard MacGillivray 01:20:54.390
Through- the Chair so that is one opportunity to do that is to defer I guess what I would say though is that the material put forward by you the water in this recent letter as nothing different than we've heard through deputations in terms of the material of you is that they principally don't want development near their treatment plant whether that's even designed as endorsed by Council this is you know basically they haven't outlined talking about wanting more 400 metres or more the reality is Council has endorsed zoning within that area already so landowners knowing that zoning is outlined for that intended purpose of purchased or owned land for that particular reason going back again on the particular reason so technical elements there's been plenty of opportunity for you would provide technical analysis and modelling just like the applicant indian Council's experts have robustly evaluated today experts have robustly evaluated today we you know four years down the track since this application was watch we haven't received technical evaluation from Unitywater so technical evaluation from Unitywater so my personal view is that deferral a further my personal view is that deferral a further deferral is just for deferral is just for the time for the applicant when there's been plenty of time available for you to provide a technical robust assessment for the applicant to evaluate and that hasn't happened to date. So I don't believe that it would assist. At all any further to give the applicant more time because of the view that their response has already articulated that they've done the technical assessment and you need water haven't done that. Amelia Lorentson 01:22:40.484
So to clarify there's nothing in the letter that's been sent to us that hasn't been previously stated by Unitywater through their deputations and many meetings with Councillors through emails and in person. Richard MacGillivray 01:22:56.696
Yeah correct is just a general objection to the proposed development. Amelia Lorentson 01:23:00.642
And the concerns in terms of WISC yes thank you. Karen Finzel 01:23:06.931
I'd still, well if you want to ask a question because I'm about like I think for the significance of the matter including you know the motion that's been raised by Councillor Stockwell today and what's before us I'm just think a bit more time for me to even go know about other councils. Can we move the motion? Not a procedural, just to move it because of the significance of the matter. Brian Stockwell 01:23:35.579
No, an Ordinary Meeting you need to move why. Karen Finzel 01:23:38.901
Does it have to be a procedural? Well, I'll partner for a minute with our Councillor. Brian Stockwell 01:23:47.958
Just be aware that I'm waiting to the matter can be raised again at Ordinary Meeting. It doesn't preclude further debate. But if we have heard all Councillors' views around the table, it may assist night or Thursday afternoon to be more efficient. Tom Wegener 01:24:10.017
I'll speak to the motion. I'll approve it. But it's very difficult. Very it's very difficult I feel as though we're pressured by lawsuits from either decision we make they're both very to approve it we run into complaints from odour we run into a potential court quarry situation where we wish we didn't do it in the future because it costs a lot and we wind up with a very expensive situation on our hands with the improvement in Unitywater if we refuse it then we will have experts that will have the applicants fighting us in court and we'll be using our own experts concerning odour against us which is a very tenuous situation so we're between a rock and a hard place but I will go I'll back it because all way back it because that situation I think that a lawsuit is absolutely eminent if we they've come so far they really have with the koala habitat with moving it was making it much smaller than before it's a very weak position to actually refuse them I feel. Jessica Phillips 01:25:28.462
I'll speak very quickly for the same reasons as Councillor Wegener I'm going to vote against it given that I just I can't help it. But think of long-term risks not to. I can't help but think big picture about the potential of Unitywater having to do an upgrade and pass it on to our residents through a different means. And I understand that may not be exactly my lane but I do feel a real responsibility to hear I've really came in today to hear everyone around the table so I could make a very informed decision and I feel like I have to still say I'm not prepared because of the risk that I feel is still doesn't sit well with me but I do appreciate where they have come and I appreciate what staff have put into the report as. Nicola Wilson 01:26:24.412
Well I appreciate that the applicant has made some inroads in reducing the amount of built format will be in the Recreation and Open Space Zone but it's still inconsistent used to have a resort in the zone we talk about defending the Noosa Plan therefore I want to keep strong on the zoning there and to be able to consider the relevant matters of residential. Karen Finzel 01:27:06.874
I'm just like, I think there's risk of location on either side of the argument. I personally would like that. I personally would like to have more time to digest this but. I don't know. Has anyone got any appetite, I suppose I can put it, the procedural motion to the vote to see if there's any appetite. Unidentified Speaker 01:27:33.985
To do that. Amelia Lorentson 01:27:35.227
A procedural motion through the Chair doesn't need to be seconded under our Standing Orders. Brian Stockwell 01:27:40.805
Yes, it I don't does. Is there debate over that? We'll refer that to the CEO. I just feel like it's moved in second there's only the murder in the Chair can speak well. We'll just wait for the CEO to confirm it. Unidentified Speaker 01:28:09.536
I just think it's a really significant matter. It has to be seconded, so I'll move it. I'll second it. Brian Stockwell 01:28:25.880
Thank you, Councillor Phillips. Can I ask a Councillor Finzel has to be given the opportunity to talk to you. So is that a deferral? Oh, you have to move the deferral and the date. Yeah, so is it deferred to 15th of March? Karen Finzel 01:28:42.590
Is that the Ordinary Meeting? Yes. Just left believe side? So yes yeah I just think given um the discussion around the table, you know, I personally am feeling there's still a bit of further consideration to be made. So just in terms of the significance of the matter before us and work the, you know, to also reflect the work that the applicant has put in to work hard to address the issues raised, I would like to defer it to the Ordinary Meeting, 15 May 2025.2024. We and had we had a seconder on that? A seconder. Question to the, staff then, does this pose any risk by moving it to the, date of the 15th of May in terms of the applicant? Richard MacGillivray 01:29:40.298
No, no, it's still, the Ordinary Meeting is the decision date at this stage, so it could be deferred. I guess I would say that grounds would be needed to be required if Councillors have an alternate view to the recommendation, so that would need to be put together as well back after to that meeting. Karen Finzel 01:30:06.317
If that's the case is that enough time for the staff to put that together? If someone puts in an alternate view? Richard MacGillivray 01:30:12.686
Yes, yeah based on feedback from Councillors on their views, yeah we're happy to work with those parties on that basis. Karen Finzel 01:30:19.482
Thank you. No further questions Mr Chair? Brian Stockwell 01:30:25.329
Sure. Councillor Wilkie? Frank Wilkie 01:30:29.613
The question is this is going to the ordinary man in any way? Question? Yeah, obvious and following up question to the Director comments if an alternative if this is refused grounds for a refusal will have to be provided that could stand up in court is that correct? Brian Stockwell 01:30:53.394
Yes. Correct thank you so- So, I'm just looking I believe in this motion only the mover can speak to it so we'll put the motion those in favour those against okay that is carried unanimously thank you Mr. Amelia Lorentson 01:31:18.802
Chair and apologies to the Chair it does need to be seconded thank you. Brian Stockwell 01:31:28.743
I'll just grab that. Thank you next item for debate is the Integrated Compliance & Enforcement Policy it's referred from Services & Organisation Committee date of 6th of May. We'll have a briefing. Richard MacGillivray 01:32:00.350
Doing another duo so Councillors as mentioned at the Services & Organisation Committee today we've got a report put forward for Council's adoption of the Integrated Compliance & Enforcement Policy as previously outlined the policy aims to enhance governance and provide a clear framework for Council to administer its regulatory functions in a safe fair unbiased balanced consistent and transparent manner Noosa Council is currently responsible for administering a range of laws and regulations as set out in the local act, including a local laws and Federal and state legislation which is principally designed around community safety and well-being of our community and also that harm including environmental harm is prevented the policy seeks to establish the best practice compliance approaches by applying the following nine principles. To its regulatory activities decision-making enforcement actions which is outlined in the policy follows a tiered compliance model with enforcement action escalating based on relevant factors to ensure a fair and just process while maintaining discretion officers to respond appropriately on each case when determining appropriate action Council considers factors such as risk level nature and severity of the breach likelihood of compliance public interest and community impact and legal consideration the policy was developed in collaboration with our governance branch at manager and representatives of our internal compliance reference group it's worth noting that similar policies exist with other local state government authorities that undertake compliance and regulatory activities as previously mentioned the policy also addresses an existing policy gap we have and aims to improve governance and community awareness and address risks relating to consistency and decision-making and transparency and compliance enforcement matters. I think it's worthwhile also noting too just based on some comments based at the last meeting that some key changes the previous Sunshine Coast regional Council policy from 2009 in terms of what's changed since that previous policy which wasn't endorsed by Noosa Council but was obviously carried through in terms of an awareness for staff the policy obviously modernized concise and clear it provides and introduces new guiding principles and a TED compliance model compared with the old policy it clearly outlines key factors now by staff and making enforcement decisions whereas the previous policy didn't there's some refinement around the scope and purpose expanding and updating the relevant legislative requirements also reflecting Human Rights Act which came in 2019 and it's aligned with all of our updated policy documents so if there's any further questions? Amelia Lorentson 01:34:59.374
Questions from Councillors the Human Rights Act can you explain the process of review my understanding is that the act provides a framework the Human Rights Act provides a framework for challenging decisions that may infringe on human rights so if a resident feels that Council's informant action has impacted on their rights they can raise this is my understanding and what I'm seeking clarification how do they raise their concerns or seek review under Human Rights Act process and not through Council. Richard MacGillivray 01:35:44.176
Yes correct so so just in the policy itself so it actually requires what's called human rights capability statement so it's talking about the policy is drafted has gone through has a gone through a process that's been evaluated against people's human rights and so we work with a governance team do a lot of that work when we prepare a report or material it needs to be evaluated under the human rights requirements if separate matter and an allegation that human rights have been breached there's a separate process for people to follow this is just in reference to the policies factored and human rights when it was being drafted thank you very much. Jessica Phillips 01:36:23.268
Just to clarify I know this sort of document we talked about the standing operating procedures the SOPs that are coming that sort of sit underneath this policy I see you reference in it in there but when it the road hits the rubber and that's online can community access sometimes I look at I put my community hat on and just go how it easy it is to like access how things link will it this document sit with like a reference and a URL or something that just makes it easy for people to go this because we reference it standing operating procedures and like how that underpins it. Richard MacGillivray 01:37:04.315
Yes, so standard yeah, yeah, extended operating procedures that are internal documents and they go they sit under this is essentially an umbrella and they are more specific and relevant particular the functions that staff undertake the important thing will be is those standard operating procedures will need to adhere to this overarching policy so it can't conflict with it just will provide some more specific steps and processes for staff to administer their functions that must be consistent with this policy so we have a number of those already and they're essentially like internal operating procedures to help staff with consistency and clarity transparency in terms of how they're administering their functions particularly for pieces of legislation they're very clear around what steps must be undertaken for Council to discharge its statutory duties but they're not externalised they're just very much sort of operating instructions and procedures that staff follow so this is the public guiding document I guess that staff will need to follow and gives our community certainty around how we'll all approach our decision-making. Jessica Phillips 01:38:09.915
That makes sense. Follow-up question, soon I'll talk about the roles and responsibilities for Councillors. Prior to this document is there any changes to the way our role as Councillors steps when we stay up away from operational matters can you just talk me through that there isn't changes to the way we do business as well and how that works. Richard MacGillivray 01:38:38.337
Yeah, correct, so Councillors might there's an existing governance framework that was endorsed by Council in 2022 which essentially sets out the roles and it does a range of things but it also sets out the role of Councillors as I mentioned a service organisation committee who are involved in strategic decision making and that operational related matters are generally left to the organisations under the CEO to administer so it's really clear that the roles are separate between the Councillors and this policy the doesn't seek to take away any current functions that Councillors or staff undertake there it's just designed to be really clear around their roles and responsibilities because as we know to the community and they see us all as Council and sometimes that line can get a bit blurry and so what we've designed the policy is just make it really really clear and explicit it's already sort of referencing existing policies and procedures that are already in place but it just provides some greater clarity for the community so that they're not confused when maybe thinking who can undertake what action or what's an operational decision versus what's made may be an advocacy or strategic decision of Council. Jessica Phillips 01:39:54.158
Thank you. I have an amendment to come but I think I'll leave it for more questions at this stage. Amelia Lorentson 01:39:58.440
In terms of roles and responsibilities, Richard, is there an opportunity maybe to add an extra sentence in there because I think the distinction needs to be made in terms of our roles that we're here to represent the community but that doesn't mean stepping into enforcement actions decisions what I'd like is for the community to understand my question is okay I'm going to pose this as a question what are the potential consequences legal or reputational of Councillors exceeding their prescribed roles in compliance matters. Richard MacGillivray 01:40:40.068
Yeah through the Chair so look there's a range of different elements there and obviously with having an endorsed governance framework in place that's really clear around splitting the roles for Councillors between operations operational and strategic matters so there are risks and I'll say this from a community perspective of the role of councils and operational staff if these mixed messages sent to the community members they might be a bit confused and unsure of what the process is there could be some legal consequences as a result of that noting that we're all part of the one organisation and if we take an action and there's been conflicting messaging or advice provided that can have ramifications and prevent potential outcomes being explored is look potentially conduct related matters given these roles and responsibilities are pretty clearly outlined as well in terms of code of conduct and how officers and councils conduct themselves but I would say principally the biggest one would be around reputation and confusion and clarity for our community to understand who is the lead sort of area of I guess to undertake those particular actions and activities around investigations and then compliance activity. Amelia Lorentson 01:41:54.854
So just for consideration maybe again just one sentence or two sentence that we can add to the report that actually explicitly states that there are legal reputational consequences of accounting. A Councillor exceeding or stepping into enforcement actions and so that community can. Frank Wilkie 01:42:18.597
I'm sorry. Amelia Lorentson 01:42:19.657
I'm sorry. Oh, I might have amendments. Okay just think about it as an amendment. Thank you. I appreciate it. Thank you. Brian Stockwell 01:42:29.254
So would you like to move something? I have an amendment. Thank you. No, you haven't got an amendment because we haven't got a motion. Unidentified Speaker 01:42:33.518
So you can move straight into yours as the originating motion if you like. Frank Wilkie 01:42:39.583
Look, to avoid any confusion, Mr Chair, I'll move this motion. Brian Stockwell 01:42:43.767
Move the staff recommendation. Councillor Wilkie do we have a seconder for that? Councillor Finzel. Frank Wilkie 01:42:50.297
I waive my right to speak Mr chairman this was covered extensively last week. Brian Stockwell 01:42:56.124
Would you like to move an amendment? Yes please, thank you. Thanks for clarifying. Jessica Phillips 01:43:01.854
Move just to move. An amendment that item B to be added to read that the wording in the draft policy provided at attachment 1 under roles and responsibilities Councillors be amended to read Councillors review and adopt Councillors councils in Integrated Compliance & Enforcement Policy Councillors may actively support and promote voluntary compliance through advocacy education and community engagement this includes encouraging understanding of relevant regulations and fostering cooperative relationships between the Council and the community I might take the word out however and just for clear Councillors must not be involved in operational compliance or enforcement actions as outlined in Council's endorsed governance framework this includes but is not limited to participation in investigations insurance of penalty infringement notices enforcement orders remedial actions or prosecution decisions these matters are to be managed independently by authorised Council officers in accordance with leisure sorry legislative requirements and operational procedures this separation ensures procedural fairness protects the integrity of compliance processes and upholds the principles of good governance. Amelia Lorentson 01:44:34.181
Ah you- Yes. Ah, you can't- Sorry, I've seconded. I'm happy to second, thank you. Jessica Phillips 01:44:40.094
I'll keep this fairly brief because there's been discussion enough around it what I'm trying to achieve real clarity around our roles so that we don't, and community don't get confused with when we can't be involved, but also I believe that there should be, part of this document is. Our role in advocating for voluntary compliance. We're out in community every day and I believe that we do have a role in that community engagement and understanding there's this system that we can use to refer on which we use. I think around the table we use a lot to hand those matters into the right channels and so what I'm hoping to achieve is just a real clear delineation between when we can be involved and when we can't. Brian Stockwell 01:45:34.855
Thank does anyone wish to talk to the amendment? Nicola Wilson 01:45:40.494
I'll support this. I think it's really good clarity in layman's terms that when a member of the public receives a complaints. Unidentified Speaker 01:45:50.007
Sorry enforcement notice that Councillors can't override that notice. Or get involved on their behalf. Amelia Lorentson 01:45:58.692
Can I ask a question maybe to Jess or Richard? Do we need to delete what's already been written? Can we have the amendment as an addition to what's already in the report? Is there duplication? Because I love the clarity of Councillor Phillips' amendment and I do think it's in layman terms and when you go back to the purpose it states it needs to be clear but I don't know whether it should be in addition to instead of deleting the clause and we'd love your recommendation or advice. Richard MacGillivray 01:46:40.072
Yeah through the Chair look yeah the amendment was slightly worded differently than what was originally proposed I guess does a good job of clarifying and as Councillor Wilson mentioned and clear lay persons terms I guess probably the previous wording was more technical I guess the wording it really clear of what the role of councils can do in terms of promoting the work that the organisation does more broadly and steering the public into the right directions where they've got questions or concerns as opposed to getting involved in making decisions and dealing with the particular elements of an investigational compliance proceeding so I think the amendment has sort of distinguished the two roles really clearly of being involved in advocacy and education but not being involved in operational related matters which is dealt with by the staff. Frank Wilkie 01:47:36.801
Question the way it was originally written it might doesn't it make it explicit that Councillors should not be involved in advocating on behalf of representing parties whereas the second one said it says we can advocate on behalf of compliance yeah but doesn't say make it specific that Councillors must not advocate on behalf or represent parties why yeah all I'm expressing look I'll speak to it. Brian Stockwell 01:48:09.647
So is that accurate the question to cancel I'm. Richard MacGillivray 01:48:16.087
Just having a look through that now in terms of what's changed Councillors may actively support and promote voluntary compliance so it's support and promote voluntary compliance for advocacy so really the revision is only supporting advocacy for where there's promotion of voluntary compliance as opposed to compliance and enforcement matters but in contrast with the original wording which basically stipulates that there should be no must not involve themselves in any advocacy on behalf of particular parties so yeah. Frank Wilkie 01:48:54.231
I think that's an important distinction so I'll speak to the amendment I appreciate the addition if that's what could ultimately end up being we all think differently and I think there's also benefit in the straight-talking that's involved in what was there originally because it spells out Councillors must not involve themselves in negotiating and resolving outcomes with the grief parties or advocating on behalf of representing parties and also Councillors can assist blah blah blah and the second part moved by Councillor Phillips. Phillips expands on that and puts it in the more I think they complement each other very well so if this is approved I would support a second amendment that allows the original wording to also be included because I think together it's very complete and clear. Jessica Phillips 01:49:57.520
I ask the question could we have a five minute break and I let that fall and come up with wording that everyone's happy with since now I've read it out or is that I hear everyone's point. Brian Stockwell 01:50:10.729
I think we can let it fall. Frank Wilkie 01:50:17.803
What question Mr Chair if the mover of the amendments in favour just we can take just allow that to be I. Brian Stockwell 01:50:25.370
Think it's more major than the Standing Orders it's not your call Mr Chair. I think it's either way the we can just chat. Amelia Lorentson 01:50:39.817
We can just we can still support I've got a further addition to. Brian Stockwell 01:50:43.363
The concepts in one of Councillor Phillips paragraphs anyway so I guess we put this in if councils want to put the staff recommendation back in we'll do that as a second amendment. Frank Wilkie 01:51:00.097
So what do you what's your preferred outcome? Jessica Phillips 01:51:04.924
When I've read it out loud there and then I was the bit that probably I would have liked now I've seen it is also about the appropriate functional area so there is a couple of things that potentially now I've heard everyone's point. I definitely want it to be clear that was my the point so let's not um. Brian Stockwell 01:51:24.104
Okay, so you've answered the question? Yeah. Anyone else wish to speak to the amendment? No I'm happy to support the amendment and foreshadow that the others come in. Amelia Lorentson 01:51:41.644
Likewise I go back to the purpose of the report to provide clear guidelines. And I think that you've done that but I would also like to see reinstated the original wording which I think was actually contained different information and was actually quite clear and I think important information that the community needs to understand because our role is not in advocacy in matters are operational and I think that distinction needs to be made clear so happy to support understanding there will be further amendments. Yeah yeah I'm happy to support with the view and probably put some other wording in. Karen Finzel 01:52:26.225
I'd just like to raise we had a discussion at the S&O around that we talked about understanding the community terms of referring on so I think part of this was to get clarification around yeah we can do advocacy we can support that education but delineating that idea of where there comes a point where Councillors have to refer on so I'm supportive of the wording before us but I think maybe a little bit more clarification will be perfect. Thank you. Brian Stockwell 01:53:07.200
Okay I think you said you didn't want to talk to the amendment I'll hand back to Councillor Phillips to close quickly. Jessica Phillips 01:53:15.114
I just want to highlight that it says support and promote voluntary compliance through advocacy so that bit is really important the voluntary bit is when we're out in community saying no this is our understanding because we know the intricacies so it's about the voluntary compliance which we spoke about in that report being the most important thing we want from our community and then there's those other steps so that was kind of what I was aiming at but I have nothing else to. Brian Stockwell 01:53:43.416
Say okay put them amendment those in favour that's unanimous and I'll move a subsequent amendment Cathy if you can bring up that little change that yeah you want to add this in as well yeah so I'll move the amendment that reinstates the staff recommendations in terms of the clauses below the previous amendment so I think it's good to start off with the positive as Council could do and then put the staff wording below it, and add the words after paragraph two as follows: and this is the I'll read that however councils must not be involved in operational compliance or enforcement as outlined in Council's endorsed governance framework this is includes but is not limited to participation in investigations issues of penalty infringement notices enforcement orders remedial actions or prosecution decisions these matters are managed independently by authorised Council officers in accordance with legislative requirements and operational procedures notwithstanding this councils can consider legal and prosecution matters as reported by staff through established Council meeting processes. Frank Wilkie 01:55:06.947
Sorry to question. Yes. What do you mean by that last part? Brian Stockwell 01:55:16.208
Oh, when I read Councillor Phillips outlining the positives of what we can do, one role we do have is when matters, I was thinking in the context matters specifically that can go to two different courts, it's frequent that Council does get involved in the enforcement by making the decision to go to court. So it's just outlining that if staff think a Council decision is needed to progress enforcement action, then that is a role. Jessica Phillips 01:55:41.506
Question to staff, does that. Come into this enforcement policy? I feel like that's not. The planning matters isn't what this document is set out to achieve. No, it's all matters. Richard MacGillivray 01:55:52.780
I guess it's just highlighting that there are instances, and not very many, but instances where staff may report and often it'll be through a confidential report on particular compliance related matters that have legal ramifications and cost ramifications so it's not very common but this would just reflect that there may times where Councillors may be involved in making a decision around potential legal or prosecution related matters so it's just not it's not without it there absent it's I guess and of absent, I guess. People might ask the question of what that is so this absent I guess and probably helps the just to clarify that legal context where certain matters might require a confidential report to Council for decision. So it's just or information. Jessica Phillips 01:56:50.602
Just seeking further clarification, I'm looking at all the legislation that this refers to I just can't quite work out when that would come up in the 86 odd pieces of legislation you're dealing with this wouldn't come into planning. Brian Stockwell 01:57:03.299
So so there was a Planning Act? I can't see a plan. Be covered, a lot of time the Planning Act be covered by this policy? Richard MacGillivray 01:57:08.999
Yeah, yes. All legislation that we administer you including the Planning Act yeah so so yeah the policy doesn't list every item of legislation that we regulate. As I mentioned in the report, there's more than 60 pieces of legislation that we regulate. And again, the policy is designed to cover all of those different pieces of legislation. This is just merely yeah, merely highlighting that there are some small instances where there might be reports in Council and they need to make a decision or at least receive a briefing for noting as well. Nicola Wilson 01:57:48.388
Can I just question the wording too? Just grammatically challenged with Councillors must not involve themselves. And also just from a community point of view, it's not necessarily that Councillors would involve themselves, but they might be requested to get involved as well. Unidentified Speaker 01:58:05.051
Rather than just taking it upon ourselves to get involved. So yeah, I'm not, we could word that better maybe. Richard MacGillivray 01:58:17.027
Would it be are unable to be involved in terms of? Karen Finzel 01:58:21.728
I think that's where the other day we were talking at the SNR about referring on, so that there's a point where we do advocate. Can do this, but at this point, our role then, we refer on. I don't know if that helps anyone with trying to get some wording. Brian Stockwell 01:58:38.196
So, Councillor Wilson, I think it's a valid grammatical correction, and it hasn't been taken in yet anyway. So, is that your answer to few your query? Frank Wilkie 01:58:48.066
Of those, too. Brian Stockwell 01:58:54.061
No time. I'm happy to include that. Do we have a seconder for this version of the amendment? I don't probably understand. Should have separated the two bits, but it includes the previous staff recommendation and the words in red. Unidentified Speaker 01:59:13.811
And the Councillor's message. Yeah, I think you'd want to see the overall. If there was any repetition. Brian Stockwell 01:59:23.597
I can't. Oh, the amendment lapses for one of the seconder. So just to move things on, I'll try another one. Tom Wegener 01:59:37.930
If I may, do you have a question to the Chair? You know that I would like to bring a deferral motion here and I feel as though we're kind of sliding into this space that we get into at times where we're on the fly right now. Can I bring my deferral motion now? Brian Stockwell 01:59:56.348
You can move a procedural motion anytime you like. Tom Wegener 02:00:04.636
I'm going to just roll the data. Bit. Brian Stockwell 02:00:07.059
Yeah, this is. You'll need to move to motion now. Tom Wegener 02:00:10.150
I would like to defer the decision on this matter until a month from today in the next General Committee. And I don't know the date of that and the reason is, these are really important matters that really excuse affect me, Cathy, it goes to the General Committee rather than every meeting. These are really important matters that really, really do affect us. And when we start doing this-- I'm sorry, we need a seconder for this. I'm happy to second. Brian Stockwell 02:00:47.928
I'm just looking at the word General Committee Meeting. And we'll stop. Are we happy that meets the Standing Orders? That's okay. Do we have a seconder? I'm happy to second. Thank you. Tom Wegener 02:01:08.360
I think staff and most of the Councillors are surprised at how once you start looking into this, it becomes really quite controversial. And we've cleared the immediate, but it's actually a really muddy water situation. I would like to actually have a workshop with this between now and then. Richard mentioned that this was in response to an omnibus and as of Saturday morning, we received a year-long omnibus report concerning that the bus stop was stressed out. Brian Stockwell 02:01:49.219
But within the order, yes. There's nothing to do with this whatsoever. You have been advised that you aren't to release confidence. Confidential information in the public meeting. Please retract the statement. Tom Wegener 02:02:01.969
I retract the statement. My apologies. Within this report that I would like to offer on the record. Amelia Lorentson 02:02:11.229
Point of order. Please. That's confidential material and I think he's acting outside the jurisdiction of this breach of our Standing Orders. Brian Stockwell 02:02:20.531
And so if you continue on this you will be guilty of having misconduct so the matter before us is a policy, not an individual matter before the opportunity. In procedural motion you could really only the presence of the Chair here. Tom Wegener 02:02:42.447
To the presence of the Chair here. Well, I'd still like to make the procedural motion to defer it for a month, because I believe that we're kind of running on the floor here, and I think this is really important, and I would like further time to consider this. Amelia Lorentson 02:02:56.700
And I'll speak to it also. Can we all speak to procedural motions? Brian Stockwell 02:03:00.951
Yeah, well I was wrong, that's what I was reading before. It's only a dissent from the chairman's ruling that doesn't get. Thank you. Amelia Lorentson 02:03:08.820
I agree, I'm feeling a little bit. I don't support decisions made around this table without considered information and time to digest the information. We're talking there are ethical risk and legal risk and implications that we need to understand. I'm concerned with just particular words. 'must' and we should etc but I would concur with Councillor Wegener. I would like a workshop to have some further discussion. This is an important piece of work and I there's still quite a bit of feedback and input around this table and I don't think this is the correct forum to be having these actual discussions and information sessions. Jessica Phillips 02:03:56.597
I'll speak to it. I've gone through it with a fine tooth comb and highlighters to make sure that today I'm ready to make a decision. However, if I was in Councillor Wegener's shoes then I would hope that I'm supported in having some more time. So for that purpose I'm definitely going to happily have workshop and you can always learn more about legislation I guess, I have so. Brian Stockwell 02:04:20.945
A question. Have a question. Considering we haven't had a policy since 2014, is next month making any significant difference? There's no time and deadlines we're trying to meet here? Richard MacGillivray 02:04:33.244
No, no it won't. What I would say though is we did have a workshop about this and that this document was circulated for more than a month. No comments were received and obviously this has been recirculated with Councillors so I just would say that we have had a workshop and sought input from Councillors on this particular report but you know it's been 15 years since we haven't or 10 years since we haven't had a policy so one more month is not necessarily a problem if the Councillors wish to extend. Amelia Lorentson 02:05:07.105
So a question to Richard. I concur we have had this report a month ago, but the amendments that have been made this table have just been made around this table and that's what I think the discussion today is, consideration of those amendments. Thank you. Just the amendments that have been put in front of us. Have you seen those amendments before? Richard MacGillivray 02:05:35.265
Just recently over the last few days so obviously Councillor Phillips's amendments and Councillor Brian spoke to me about some suggested amendments as well. Thank. Karen Finzel 02:05:47.369
Can I just ask a question? You may. Through the Chair of the staff, notwithstanding this, Council is considered illegal in prosecution matters as reported by staff through the established Council in the meeting process. Do you consider what's the value of having that included in the. Brian Stockwell 02:06:05.822
Cancel, that's a result to an amendment that had lapsed, so we're now just talking about the motion to defer. Karen Finzel 02:06:13.451
Yeah, but in terms of that, is that something we're going to discuss around the table? Brian Stockwell 02:06:18.396
Well, well if the motion to defer is successful then that's something we can discuss between now and the next meeting. Frank Wilkie 02:06:28.491
I'll speak to the motion. As stated, did we we've did have the a workshop on this. We've had report the material for a month. Since it came out 10 days ago. We are discussing amendments to that. The only thing that would seem to be contentious and the Council is struggling to understand the wording of parts of it and that's good, doing due diligence, but I don't see why we need a whole month to get our hands around on the screen before us. I think Councillors can work, that meet would like to can work hard between now and Thursday night to understand the wording that's before us. I don't think a whole month is necessary. I would encourage Councillors to use this time between now and Thursday to understand what's been put forward by Councillor Phillips. I don't think this is policy on the fly. These are quite from my perspective they look like very clear amendments I won't be supporting it. I hope we can revisit this again at the Ordinary Meeting on Thursday this week because we have had it for a good deal of time already. And as we heard there was no feedback during that month and the amendments are just the new material that's come into our possession or come into our sphere of responsibility. Brian Stockwell 02:08:04.518
Thank you very much. Yeah, I am of a similar view to Councillor Wilkie. I think there is appropriate time between now and Thursday to review the suggestions. I also understand staff's point that it was fairly well discussed and a good workshop and a long time to consider. I also understand Councillor Phillips. At the workshops, et cetera, and has turned it into the positive, which led me to believe, you know, think about, well, we're going to say what we can do rather than what we can't do, what else hasn't been lifted. It whether that red goes in or not it's not germane to the policy but I won't support it on the basis that I believe there is sufficient time between now and Thursday to get our collective heads around it. Anyone, no one else? Jessica Phillips 02:09:07.942
Councillor? Have I spoken to the procedural motion? Brian Stockwell 02:09:11.066
I did not. You might have only asked the question. Jessica Phillips 02:09:13.529
I did speak to it. Brian Stockwell 02:09:15.040
Okay. Tom Wegener 02:09:16.500
This is our job that we're talking about. This is what we do and I'm feeling chilled by it. I did when I first read it on the Council of responsibilities. I was very, very chilled, chilling the definition of unlawful, and I'm glad that that's been dropped out. But I think that there's a lot of unpacking to do, and I think we actually need to actually brainstorm around the table to think about this, because I think that we might be limiting ourselves. And I won't go into any examples, but I think that we are, potentially. Limiting ourselves. Just love to think that this is, and of course we have an ombudsman's report, I don't know if it's confidential, I don't believe it's confidential, but in the report itself, it mentions that there's lots of things to discuss in the findings that came over about the last year, and we haven't discussed them, and I'm a little bit hesitant on supporting a plan when this has not been impacted, and I don't think we can impact it by Thursday. I don't see us getting together, having a meeting, having this brilliant minds around the table, having this brilliant minds around the table, hashing through our job description. Jessica Phillips 02:10:35.771
Thank you. Can I ask a question? No. Brian Stockwell 02:10:38.094
He's closed the debate, so now all he can do is vote on it. Those in favour of the deferral motion for one month? That's Councillor Wilson. Finzel, Lorentson and Lorentson, Phillips and Wegener. Those against? I think it might be. Well, the deferral motion is carried. I think we've been going for long enough, but we need a sugar break, I mean. Brian Stockwell 02:24:32.622
Okay, welcome back. Before we proceed to the next item, I do wish to just clarify an element that came up in the last debate when it inquired about whether the Director had seen the amendments. He did mention that he had seen the one from me, but it wasn't to infer that other councils had seen it. Was something that I had put to him, and it was only one minute before the meeting when I realised that it hadn't been circulated. That was just because of a timing issue that I was responding to. We move on to item three in section seven, and that's the Noosa River Recreational Boating Facilities update, and we have the Director of the infrastructure, Shaun Walsh, here to give us an overview. Shaun Walsh 02:25:14.341
Good afternoon, Councillors. This report provides an update on the progress of recreational boating facilities in the Noosa River. In response to the Maritime Safety Queensland recreational boating facilities demand forecast date from 2022. Progress, although limited, has been made on defining scope at three facilities, including the Noosa Woods jetty, the Noosaville Boat Ramp, Hilton Esplanade, Tewantin and Doonella Bridge boat ramp. In addition, Council has been advised that funding is likely to be made available by Maritime Safety Queensland for recreational boating facilities on the Noosa River in the near future. And I'd like to actually throw to the CEO for an update on recent conversations with the general manager for Maritime Safety Queensland on status the of that funding. Fund. Larry Sengstock 02:25:57.941
So, Councillors, I've had a coach up with the general manager, Kel Dillon, as late as this morning about this. His understanding is the $2.5 million is a commitment by the government. So, it's now to become available to us. We've agreed that we'll sit down. He's got a few family issues at the moment, so we've agreed that he'll come up to Noosa and we'll sit down and work through what that means, what it looks like. But it does look like it's going to be available on land as well as in water. So it's something that we can work towards in terms of. He's also certainly very cognisant of members of the community who have desires to. Have a particular area as the prioritised landing area or ramp. And that's something that we'll work through with him. But the money is available. How it's used, how it's utilised, the management of that is something we'll work through when it comes up here in a couple of weeks' time. Shaun Walsh 02:27:17.799
Thank you. I welcome questions, Councillors. Brian Stockwell 02:27:21.699
So, we've got any questions? Councillor Lorentson. Amelia Lorentson 02:27:24.598
My first question is, the report in front of us, was that a direct response to a notified motion that was ratified in Council in October 2024? Shaun Walsh 02:27:36.171
The report was brought forward as a response to that notified motion, but work was ongoing from the report presented to Council in 2023. For instance, prior to that notified motion in October '24. The brief for the Noosa Woods jetty had been released with a consultant. We were working actively on the Noosaville Boat Ramp. And there was starting to be some early consideration of the Lake Doonella boat ramp. So that's why I was pleased to actually bring forward the progress report, because some progress had been made. Amelia Lorentson 02:28:05.512
Thank you. When I referred back to the notified motion there were other actions that were identified in the notified report that weren't identified in the report in front of us. Can I ask, will. There be later reports that will look at including some of the aspects that were omitted in the notified motion in future reports. Shaun Walsh 02:28:34.706
Yeah, I don't consider the report actually omits those matters. It doesn't address it in detail. But for instance, if we look at the notified motion from October 2024, it references the Thomas Street, Noosaville parking improvements and walkway repositioning. That's actually been considered new in the seville foreshore infrastructure master plan, which will be coming to Council at next month's meeting, which has already been subject to significant debate. In regard to item B, the Tewantin lake street parking enhancement installation of a new floating walkway, that's referenced under the heading of lake street boat ramp and noting the need for a significant master plan to reconcile all the competing issues in that area, and that can certainly be considered as part of that master plan. In regard to the Hilton Esplanade Tewantin construction of a new two-lane facility, that's referenced again in the report on Hilton Esplanade Tewantin boat ramp, and the thought process that we have actually made an allocation for a forward planning and design budget allocation to advance design concepts, and that certainly will require further consideration by Council and the community. The Noosa Woods replacement of the jetty with the pontoon, that again is referenced. Under the Noosa Woods heading. There's been a commission that's been underway at the moment, and that will be considered in that consultancy's work. And then in regard to shortfalls and trailer parking, that's actually referenced in regard to Noosaville, and that'll be coming up to Council as part of the parking management plan. And Council's already had two workshops concerning the parking management plan, and the next iteration of those workshops is about the local area parking plans, which includes recommendations on trailer parking at Noosaville. Amelia Lorentson 02:30:13.325
Thank you. I was referring specifically A, from the notified motion that the report focuses on high priority recommendations made by the State in the 2022 Noosa Shire recreational boating facilities demand forecasting study. And I just, and this is not is a conversation, I'm not pulling you up or anything, but I just note in the report in front of us that is that we haven't considered like the top three or we haven't considered bits and pieces of the priority actions that were in the 2022 forecasting demand. Excuse me, chairman. So, no worries, I'll let everyone speak. And I'll just come back to you with a couple of questions. Shaun Walsh 02:31:05.747
If I could clarify, that's why in the report, it also includes Council's resolution with respect to June 2023. And that under 5.4 as well on that page of the report outlines Council's resolutions with respect to the findings of the Maritime Safety Queensland recreational, and the report responds to that. So if you like, I'm actually responding to the previous Council resolution, and the previous Council resolution gave direction to staff about what facilities to focus on. Amelia Lorentson 02:31:33.048
No worries. Thank you very much. Brian Stockwell 02:31:34.448
Can I follow up on that one, because it might be one that I've missed. In that resolution, did we talk about the existing jetty, A, being converted to a pontoon, and B, being open to commercial and public jetty type uses? Shaun Walsh 02:31:50.209
The maritime safety recreation facility study merely focused on the ability for deep draft vessels to actually pull into a jetty and/or pontoon at Noosa Woods. It did not reference whether commercial or public or other uses. It was more about recreational boating and the desire or the need for facilities which allow vessels with deep hulls. Brian Stockwell 02:32:13.838
The MSQ report recommended a site where the old surf life savings shed used to be, which is something, the concept has been around a for has that's been around for decades in um our in options our options study, are we looking at a range of options or are we just looking at the existing biddy, which is generally used for recreational and fishing? Shaun Walsh 02:32:33.133
So our Council actually have a schedule a session tomorrow at its discussion forum to give an update on where we're at with that draft study and it actually looks at three sites. Frank Wilkie 02:32:43.156
Question Mr Chair, the Hilton Esplanade Tewantin Doonella boat ramp, you've mentioned there's a funding allocation and budget coming up for design. Probably a question to the CEO, the $2.5 million allocation announced by the transport minister, Brent Mickelberg. Larry Sengstock 02:33:01.516
For on land and also water side, is it on land and water side? Currently it says, this is verbatim, it says from the letter that I haven't witnessed, but this is my understanding, is $2.5 million is boating infrastructure on Noosa River. Frank Wilkie 02:33:20.788
Alright, so if we wished we could use it for the design of the Doonella street boat ramp, if we chose to, and perhaps even part of the construction. My understanding is that MSQ have already done a concept of that. Larry Sengstock 02:33:38.263
Particular site, but I don't know what detail or what it actually includes. Because and they're quite aware a weird aware that they haven't considered all the environmental and eco issues that may be outside. Brian Stockwell 02:33:52.874
Just to clarify, Council mookie be talking was about if we choose. Is it my understanding that we may be consulted, but the decision will be won for the State government? In terms of where the funding used? Is. Larry Sengstock 02:34:06.980
Not at this point in time. Again, just to voting boating infrastructure. Brian Stockwell 02:34:10.846
It's not. Frank Wilkie 02:34:11.307
Is it an allocation to Noosa Council to use as they see fit for boating infrastructure? Again, until I get clarification. We don't know that. Amelia Lorentson 02:34:20.113
So can I ask a question? There was quite a bit of advocacy from the Noosa boating fishing alliance and also former state candidate and our former Mayor, Clare Stewart. Can I ask how much weight does that advocacy, because they were quite specific about where the $2.5 million funding was to be allocated towards, is that relevant? Or is it not? So they actually broke down. The $2.5 wasn't just plucked out of the air, it was actually put down $1.2 million for landside works, $1.3 million for waterside then they actually broke that down in terms of location and works. They provided a cost breakdown to the liberal party. Does that carry any weight? Shaun Walsh 02:35:18.242
So Council staff weren't involved in any of those submissions and those costings, so I can't verify the accuracy or other of those costings. I will note that in addition to representations made by those parties, Council staff were also making representations to MSQ about onshore funding and that's consistent with Council's resolution from June 2023 where there's actually a specific item C about Council staff seeking discussions of increased funding from MSQ. Fund onshore components of the boat ramp facilities because as outlined in that report MSQ traditionally only fund over water components on these type of facilities so Council staff are also advocating for the MSQ to fund over overshore so if you like I think it's a combination of both you know political advocacy in the lead up to the State campaign advocacy by particular community groups as well as representations by staff to actually get a piece of the funding puzzle so Council staff haven't been involved in any prioritisation of any side and I think that still requires a further Council discussion and decision exactly about where Council perceives the priority for that investment is. Amelia Lorentson 02:36:26.049
And I'm will that involve community consultation with key stakeholders we. Shaun Walsh 02:36:31.693
Can again you know we're still trying to get our head around the scope of the funding and what we can use it for I'm still critically concerned for any co-contribution that Council needs to make in terms of staffing and co-contribution for design infrastructure costs we're running a very lean budget there's no funding allocated for co-contribution so so that's why I'm sort of you know hedging my horses if you like I don't want to get too excited by this announcement until I'm clarity around the scope and the terms because it's usual that the State government would have terms around funding agreement such as co-contribution and being very specific about what we can spend the money on. Amelia Lorentson 02:37:08.825
In terms of the duty I think on 20th of June 2024 at public question time a question was put to Council in terms of whether the nine hundred and thirty three thousand raised in our Sustainable Transport Levy could be used towards the Noosa Woods jetty can you provide can it be used towards the Noosa Woods jetty and I'm just trying to reference again the response given to could be used to. Nicola Wilson 02:37:44.323
Don't know if all of that was answered at the meeting. And we're talking about operational expenses versus capital. Brian Stockwell 02:37:52.962
I can I think I it is directly relevant I think in terms of is it we're talking about progress it relates to the whether there'd be an option and it did relate to statements by the Director in regard to budgetary limitations so I think I'll accept it. Shaun Walsh 02:38:17.744
My recollection which would be consistent is the Sustainable Transport Levy is meant for public transport and reduction of road congestion so and I suspect that public question was might have been focused more about commercial jetties and I think I might have been concerned or maybe I said that use of the transport levy can't be used for commercial businesses and commercial purposes though you know we could certainly look at exploring its useful public transport as a congestion reduction now and we have to remember that the Noosa River ferry kindly which runs a fantastic service is a commercial operator rather than a recognised TransLink public transport operator subsidised by the Queensland ratepayer or taxpayer so the circumstances are a little bit unusual in the Noosa River. I note that Council actually have a structured a scheduled workshop in coming weeks about use of the Sustainable Transport Levy and projects to focus on in the next two years and that would be a very good topic to discuss further at that workshop. Amelia Lorentson 02:39:11.641
So just to clarify with two and a half million dollars pledge by the LNP was or wasn't specifically for voting infrastructure does it exclude commercial tourism related projects. Shaun Walsh 02:39:27.915
Again we haven't been involved in the specific advocacy to the State I can't say what it this point I or not include correspondence at this point I look forward to having formal the State government to confirm the funding arrangements. Brian Stockwell 02:39:39.321
And you mentioned that in we're receiving a briefing on the current status of the options report around the Woods jetty is there a decision timeline in terms of in terms of what options Council may or not go with and are you proposing to come to a future Council meeting with those options. Shaun Walsh 02:40:05.015
That there will need to be both some further broader community engagement about the steps as well as a formal Council decision about which option you may wish to pursue and would require possibly funding allocation as well which would require budget deliberations as well. One option could be do nothing as well, we have to remember that. Brian Stockwell 02:40:27.286
We can meet our KPIs on that one, yeah. Councillor Wegener. Tom Wegener 02:40:31.915
Wait a minute. Looking very long down, long term down the track, maybe we should change our Walking and Cycling Strategy to a walking, cycling, and boats pedaling, or paddling, or you know, river Transport Strategy. And then when I look at getting on the ferry down there at the Sofitel, how restricted, the question is, are we limited to the three places that we've decided where we're looking at having commercial vehicles? Shaun Walsh 02:41:04.463
No, but it was always thought that this particular study for that study area between the Sofitel, you know, the old surf float boat ramp and the public jetty would provide a good catalyst and understanding for how you could apply the principles of public transport, public recreational boating and commercial usage in other locations in the whole of the Noosa River. So rather than undertaking a study that embraces everything, you know, we had some funding allocation to look at one site and get a bit of a better understanding of all the implications, and then we could make a decision about do we then start applying that to other sites along the Noosa River. Tom Wegener 02:41:35.870
I'm just looking, I'm just wondering if it's a consideration, how small the Sofitel is and the boat ramp, how tight that is to get in and out of there to a U-turn. Shaun Walsh 02:41:47.452
Yeah, so firstly we just want to clarify that we engaged with Noosa commercial marine operators, which operate the number of vessels in that location, so that's their body. That is a very valuable facility and they can make the manoeuvring work, so we need to be really clear about what their expectations are. But in terms of the future, you know, there challenges and could be the opportunity to expand it and that's also why we've selected a specific shoreline marine consulting consultant who has actually designed an overseen building of jetties across the eastern seaboard so that we actually have an expert because in our team we don't have a jetty expert who knows how to operate boats and how to build jetties and the like. So that has been part of their brief. Brian Stockwell 02:42:33.183
Pointed question I suppose is, my recollection is Councillors haven't been involved in any policy decisions. The broad impact of potential enlarged commercial public jetties etc in that area. In terms of the scope of the consultant, would he or she or they have been given any indication about the desire to maintain the. Low key recreational use currently made in the Woods bay area from the park to the existing jetties? Shaun Walsh 02:43:02.553
So we've given them various documents and information and one of the stakeholders for also engage with Noosa Parks Association who were instrumental in achieving the Noosa Woods open space. And its conversion from caravan park. So they've been given that information. That their brief is to look at all options and pros and cons. So very neutral, objective. Perspective to inform a Council decision moving forward. Jessica Phillips 02:43:28.454
I have a question please. I think it was mentioned at S&O when I asked for the deferral to hear. And I think you mentioned something along the lines of it's very uncommon or. That MSQ would give on land and on water so that's why we waited for some confirmation today and now given we have more assurity that is covering that when I look at this report and it's looking at progress what at point is there a pause to say well now we have that information is there anything that is progressing that is probably up taking allocated funds when you talk about co-contribution my question is at what point could we pause and go we've got this funding coming in we might have to divert to make sure that we can actually see this through because I don't think these opportunities come up very often is what I'm thinking. Shaun Walsh 02:44:29.496
So getting back to your first observation it is a different approach of MSQ to fund onshore and if you look at their website there's actually a link which specifies that you know the practice is for local government to fund the onshore component so that's their practice across the State so this is fairly unusual. In the event that the funding is fully released we get to use it as we do with our program constantly we will re-evaluate where our priorities are and this also coincides with your deliberation capital works program there's a workshop on Friday to deliberate that so I think the timing is really good for us to re-evaluate where at what funding allocations we've got if we need to you know direct funds to that source we can and in event that the funding 2.5 million also funds design costs well I can reallocate the money we've allocated in the forward design budget to other projects as well so won't be needlessly spending money our own money that we don't need to. Amelia Lorentson 02:45:24.550
Can I ask what amount have we sort of set aside for the forward planning and design budget to advance the design concept? Shaun Walsh 02:45:33.672
My recollection is $50,000 and you have to remember that because our design work is capitalised that covers staff time as well as any external consultancy work so you know it's an allocation to allow staff to work on it and any support consultants so. Amelia Lorentson 02:45:49.800
The funding allocation has been made and will that be presented to us as part of our budget deliberations. Shaun Walsh 02:45:57.047
Yes so what's what happens in the budget deliberations is it represented with an allocation it varies between four hundred and six hundred thousand dollars for forward design budget and allows flexibility to staff to apply some design work you know to emergent tasks as issues arise that forward design budget is monitored through the Capital Works Executive of which there are Councillors and the CEO who are representative at that. Amelia Lorentson 02:46:24.361
Executive and the design concept is for Hilton Esplanade Tewantin Doonella boat ramp. Shaun Walsh 02:46:33.214
That's what we've currently allocated and that's for 2526 so thank you. Amelia Lorentson 02:46:42.426
I'm happy to move the recommendation. Brian Stockwell 02:46:45.195
Move Councillor Lorentson I'll just you to second I'll just speak briefly. Amelia Lorentson 02:46:50.268
I'll just speak briefly to the report. Funding has always been cited as the main obstacle to us improving use of programs and trailer parking I'm excited that we now have confirmed two and a half million dollars and what a great opportunity us to start progressing improvements in terms of boat ramps and trailer parking. I do want to acknowledge the work of the staff as well as our boating community and also the former state candidate who campaigned tirelessly to secure the two and a half million dollar investment specifically for boating infrastructure and not for commercial tourism. Projects, it was secured to deliver real outcomes for local boating, small trailer parks, safer ramps, swash down areas and better facilities. Probably just want to highlight, now that we've got the funding, we're making a commitment to put some allocation towards the design concepts for the Hilton, esplanade, Tewantin, Doonella boat ramp. I want to highlight that have an essential boating infrastructure challenge. There are 36 trailer parking spaces for nearly 5,000 registered trailer boats and trailer parking in residential streets is not a sustainable solution so I'm excited and I think this is a really good positive step in the right direction. We've got the funding, we've got a site and in my opinion we've also got a community mandate or at least a preferred location site which is the Hilton Esplanade, Tewantin, Doonella boat ramp. So again excited to see this progress. Frank Wilkie 02:48:54.272
Yeah look we've been very fortunate in Noosa Shire since the election. We've had a deputy premier and the transport minister have great regard for the needs of this Shire and this community. Looking very much forward to discussion around the design concepts for the Hilton Terrace Doonella boat ramp, what may be possible there. And also getting an understanding of how the funding from the minister for transport and MSQ may be used to provide better infrastructure for our community. Brian Stockwell 02:49:37.682
You want me to cook? I'll talk. There's been a couple of different elements of community debate. One of the elements which my question would suggest that I'm interested in is actually that the options are in these moods. And we're having you know my yearning was to actually identify a Council position on that now but if we if the report is imminent I think it's best to wait and seek a further report in the near future. I don't think I recall putting in the capital works budget in terms of design down here I don't think councils have had the opportunity to talk about priorities around that Noosa Woods area and I think that's important once we have the consultants information because I for one agree with the existing jetty location and the beach around there is probably should be protected for residents to enjoy low-key recreational pursuits. I think I know when my kids were young were down there a lot and lots of parties and lots of teaching how to fish and not catching anything down there. I just think that's an important thing to lock in and obviously in the community there's a range of different options available so I think we stick with this one as a noting report but subject to where the consultants come up with a net briefing in the near future it may be something we request another report in the near future to try and identify what the Council's position is down at the Woods. Anyone else wish to talk? Jessica Phillips 02:51:17.623
I'll just say I'm just excited when we think anything where our assets can be maintained or upgraded in every aspect really to hear that we've got two and a half million to go to an asset that whether you use it or not is to me just on scale it looks like it gives Council a great standard of you know it's our reputation around the things we own and the things or the assets that our community own and so I'm just excited that there's potential that we see an upgrade to something that has been for the long life I've lived here community have asked for some upgrade to something they use and love them yes I look forward to seeing the future and where we have this delivered yeah. Brian Stockwell 02:52:08.983
No one else wish to speak I'll cancel that launch and do you wish to close no also thank you okay I put it to them but those in favour that's unanimous Thank you. And move on to the next item which is reports direct to the General Committee and we have the monthly Financial Performance Report we have Pauline here to give us an effective summary and answer all our hard questions thanks Councillors. Kim Rawlings 02:52:43.659
Good afternoon Councillors so the financial performance for the month of April continues to be positive with operating revenues outperforming forecasts and operating expenditures continuing to be below budget at this stage of the financial year operating revenues is 2.2 million dollars above budget and is being driven predominantly through interest revenue of 2.1 million dollars 500,000 from sales of goods and services 458,000 from other revenue 146 and,000 from grant programs this has been offset by lower than forecast rates revenue 174,000 dollars and Fees and Charges of 728,000 operating expenditures 293,000 under budget with employee costs 654,000 under budget due to staff vacancies savings in work cover premiums and the forecast salary increase that was to commence in March this financial year still not yet taking effect due to the ongoing negotiations of Council certified agreement. Once that's finalised that back pay will be funded through those underspends and so that Council won't necessarily require an additional budget for that. Materials and services is $605,000 over budget with $760,000 of that relating to civil operations, $234,000 relating to holiday parks which obviously has associated revenue with that and street lighting for $161,000. Finance costs are $225,000 under budget and that's due to the deferral of the waste capital works program to next year. Overall Council's year-to-date operating position at April 2025 is two and a half million dollars above budget and this will be used to fund emergent expenditure through to June 2025. Capital revenue is 9.7 million dollars above budget due to the timing of receding of QRA disaster funding and SEQ CSP funding in advance. Capital expenditure is behind budget 48.7 million dollars year-to-date with 15.8 million relating to our base capital program and 32.9 million dollars relating to the disaster projects which are funded by QRA with the majority of this relating to the timing and scheduling of project delivery. Councillor Council is currently holding 114 million with 25.5 million dollars in cash however this will diminish through to 30 June as business as usual operations occur and the capital program is delivered. Overall Council's financial performance remains on track subject to any emergent issues that might arise between now and the end of the financial year. Brian Stockwell 02:55:19.454
Questions Councillor? Bill Walsh. Councillor Wegener. Tom Wegener 02:55:23.494
Colleen, my favourite question I ask every time about the interest that. Were-- $1.2 million in interest from QRA funding that's in the bank account right now, but surely that's got to be draining out soon with Black Mountain Road being finished and finalised, and I would suspect there would be a payment going to that. Kim Rawlings 02:55:44.138
So yeah, there is an element of QRA funding, but not all of it is QRA funding. There's a large component that relates to the capital program that's yet to be delivered, so we hold funds to deliver our base capital program. We also hold funds for unspent levies and other grants that we have, as well as some internally restricted subsidies that we have for waste, which is multiple years. So yes, there is an element of QRA, but there are other elements in our cash holdings besides QRA. Tom Wegener 02:56:10.937
You know, you said that REIT revenue is slightly down, is that? Kim Rawlings 02:56:15.886
Yes, so what we have seen come through is that Council will have noted that several years ago had quite some significant increases in our UCV values through the valuation from the Valuer-General's office. We have had some amendments to those valuations coming through as well as some changes to some classifications for transitory properties which has flowed through and therefore our budget, our actual revenue for rates is actually down. So we'll be looking at that to correct that through the next rating cycle. Frank Wilkie 02:56:45.993
Just a follow-up question. You mentioned there's some change in transitory accommodation categories. Does that mean transferring from transitory accommodation back to non-principal places? Correct. So there's a change in use of some of the properties, correct, when we've done the assessment. Yes. So are we able to quantify how many properties are no longer operating as STAs from this data? Kim Rawlings 02:57:06.819
I'd have to take it on note and see if I can get that. I don't have that available at the moment. Frank Wilkie 02:57:10.636
Clarifying question. There's a breakout section about tourism and economic development investment summary where it talks about employee costs. Is that talking about Council's development staff? Kim Rawlings 02:57:24.208
Correct, that would be what that represents. Frank Wilkie 02:57:26.531
Okay, thank you. Amelia Lorentson 02:57:28.973
Thanks a lot. I note at the very start of the report and the asset sustainability ratio is behind budget. A few questions. What factors have contributed to the asset sustainability ratio dropping to 66.3% instead of a target, about 90%? And does a lower ratio indicate underinvestment in our critical infrastructure or asset maintenance? Kim Rawlings 02:57:58.736
Sure. So, so in just in context of that what that ratio represents it is essentially where Council is required to or is preferable that Council commits at least 80% of our depreciation to renewal projects. As you'll see it accumulates over the years so as we deliver that program it will go up. We're currently sitting at 66 with our target being 80% with the delay with the delay in our capital program. That obviously has slowed that down so depending on the remaining delivery of this financial year we will likely get much closer to that. I will note that we have not included any of the QRA spent in that so we haven't skewed the numbers but depending on the remaining delivery of that program or whether we hit that 80%. Amelia Lorentson 02:58:43.120
You so you mentioned in delays capital expenditure affecting the ratio. Which projects are being impacted? Kim Rawlings 02:58:50.447
There's a variety of different projects that are renewal across the board. I couldn't necessarily specifically pick one in particular that's driving it but I think if I refer back to where I mentioned the capital program I think we're million $15 dollars behind that at the moment where we would like to be and a large majority of that is our renewal projects. We pretty much dedicate the majority of our program to renewal. Amelia Lorentson 02:59:15.430
My last question is the industrial action dispute. Has that impacted on delivering some of these projects? Kim Rawlings 02:59:26.660
I couldn't comment on the delivery of the capital program. There may be some element of that. I'm not sure if Shaun's aware of the capital program at all and obviously civil operations is different. Shaun Walsh 02:59:36.168
Through the Chair, most of the protected action has affected routine operation and day-to maintenance rather than renewal program. It's more staffing and resourcing that's affected delivery of things like a beach access renewal program and various others. And also just project delays associated with things like the nella bridge project renewal, which is quite significant in some. It's millions of dollars on that alone. So the previous report to the SMA committee for reference in the update and a couple of books there was discussion about resourcing moving forward to try and Resolve that in a carryover and understanding. And that'll be a matter for consideration in Council's budget for 2025-2026. Thank you. Thanks, Pauline. Jessica Phillips 03:00:15.774
I have a question about the rates in arrears compared to other years. Is it. To other years, is there more in arrears at this point in the year or. Kim Rawlings 03:00:32.665
It's slightly higher, probably about the same as last year, we haven't seen a huge uptick in that, we have a couple of debtors that we're chasing, more rates debtors that we're chasing at the moment, but as a general rule, no, it's not higher than it has been previously. Brian Stockwell 03:00:53.199
Councillor Lorentson? Amelia Lorentson 03:00:54.868
Certified agreement, negotiations and wage increases. The report notes that there's 2.1 million underspend in wages due to vacancies. Can you explain, there's an indication in the report that may help offset some of the costs that may be incurred. Kim Rawlings 03:01:13.146
So in terms of the 2.1 million, there is also offsetting because there is obviously labour hire staff that are filling that hole for some of the vacancies. So the net amount of those two is about $600,000, $650,000, which is the year-to-date shortfall on our employee costs. And that would be what's utilised to fund the increase that's negotiated. So we've already budgeted that. Larry Sengstock 03:01:38.168
The whole process is still in negotiations, so I prefer not to discuss it. Brian Stockwell 03:01:42.942
No worries. Okay, thank you. Okay. Does someone wish to move the motion? Councillor Wegener, have got we a seconder. Councillor whoopee. Wilkie. Hence, Councillor Finzel Wilkie. Tom Wegener 03:01:55.936
Thank you again for your very, very clear reports. It sounds like we are doing very, very well, but I'm worried a little bit about what's coming down the track for us, as we all are. So just please keep up the great work. Amelia Lorentson 03:02:14.605
I just like I'd just like to just say, just in closing, thank you, Pauline. Your reports are always really well presented, clear, and easy to read for not just us, but um, who picks up the report will say the same. Question I forgot to ask, which I ask every meeting, is what keeps you up at night? And I'm going to answer that question myself. Lots at the moment. So, so I think when you're when you work in local government, you actually start understanding the enormity of the business and risk and how important it is to be future. Thinking and how important it is to have cash reserves and how important it is to have the right staff in the right jobs performing and to Council's credit know we do lots of things really you know we do lots of things really well and Thank you. Again but lots is keeping me up at night I'm answering your question. Frank Wilkie 03:03:25.489
Yeah thank you Mr Chair. There's a very good reason why Noosa Council remains one of 20 out of 77 local governments to be to run surplus budgets it's because of its adherence to sustainable financial practices good clean reporting and responsible budgeting. I note the asset sustainability ratio which is about our spending budgeted spending for capital works is we've budgeted to spend a hundred and sixteen point six percent on our assets we're at 66 at the moment there's a target of 80 it's a couple of months to go they have been some weather events but what this report doesn't also show is the work that is done on managing 130 million external capital works program that's funded by external funding Queensland Reconstruction Authority even though it's been managed by contractors Noosa Council is for the first time I can remember the last couple of years been responsible for two very significant capital works programs at the same time so that's not in the report but it's a sign that the organisation is highly ambitious punching well above its weight for a very small organisation and weathering challenges you know financially responsible way so thank you your importance key to keeping us on track. Tom Wegener 03:04:56.756
I'll throw my hat into it to keep me awake at night. My hat slips. But I'm very happy to announce that we are committed to a surplus budget. Thank you very much. Brian Stockwell 03:05:11.895
I'll put the motion. Those in favour? That's unanimous. We now ask the manager of environmental services to come up to discuss the five-year review of the Environment Strategy. Welcome Ben. The Chair. Oh, and Kim will, as Director of environment sustainability, will join him. Ben Derrick 03:05:36.854
So we had our annual review of our Environment Strategy, which has got 14 actions embedded in it. We've given a potted summary of how we're tracking against each of those actions. Of the 42, we've got one scheduled for future, which is fish biomass sitting within Noosa River, which has been a component of the Noosa River Plan, so as that develops, we'll start to get some metrics around there. Two that need attention relating to agriculture, and they were always intended to be further on in the Environment Strategy as we're starting to develop plans through economic development, strategic planning, and environment that will incorporate some of our metrics in there. Of the remaining 39 actions, we've got four that we've got four that have been completed, 21 are on target, and 15 are progressing. And we've given a progressing rating for actions where they're moving in the right direction but have been delayed for particular reasons and happy to take questions around those. Considering we've also got some four enabling, overarching enabling actions and we've given a part of summaries to how we're progressing on those. Implementation of the environment grants program to support community projects and programs that lead to implementation of the Environment Strategy is on target and we've provided a summary of the reporting year for our environmental grants and climate change and sustainability grants. Enabling action number two: implementation of an environment sustainability roundtable to provide a mechanism for local groups, local community groups, government, stakeholders and experts to have an input into development of Council policy is progressing and I'll provide a note to say that terms of reference and a project plan for that will be presented to Council probably at the next Council meeting, not the one on Thursday but the one coming up. After that. We're just working through terms of reference of that at the moment enabling the third enabling action supporting community environmental sustainable development networks and forums to build partnerships to drive the implementation of the Environment Strategy is considered to be progressing and again that is attached to the environment sustainability round roundtable which is coming up and the final one which is undertake monitoring programs are required for evaluating and reporting on the success of the implant implementation of the Environment Strategy is also progressing and so that's monitoring programs are always a work in progress as things change and more data becomes available to us so we've provided a potted summary on how we're progressing for each of the enabling actions gone into a little bit more detail about all the other actions which are very Council driven and Council resourced we've resourced. Also we've also provided an attachment for a summary of environment grants and climate change and sustainability grants there's two recommendations that we've put forward one is relating to the this report and the contents in there and the second one is a proposing a midterm review of the Environment Strategy given that it's a 10-year strategy and it's still good certain things have changed the in last five years and a strategy that spans 10 years there will always be changes along the way which is incorporating new technology it might be a better way to be able to measure track implement different networks that we might be using and emerging trends which may have emerged over those for the last five years as well so in relation to that we're not proposing a full-on rebuild of it but it's a review of the existing actions whether any of those need amending and whether there's any emerging items that need to be considered by Council. Frank Wilkie 03:09:32.693
Thank you very much for the report there's a lot going on there's 42 actions this is a question yeah before with um four completed and 21 on target to me that looks like six halfway through a 10-year thing program was your 60% are either on track but can you tell us are there any programs what that in your mind require the most attention for a recalibration another is there any one or two that come to mind that will lead to some sort of a adjustment? Ben Derrick 03:10:19.860
The ones that are off track or we haven't progressed probably which are relating to agriculture and what was the other one, agriculture and fishing. Um yeah the ones that we haven't quite ones that we haven't quite got a concept around as to what's councils level of influence what can we do to be able to promote better metrics that we can measure that can say we're progressing in the right way for those and their and they're reasonably new areas for Council to be able to step into as well probably the one that has our most attention at the moment is issues relating to the river and particularly the transition we've got in between we're progressing developing the Noosa River management plan on its own and incorporating that into the Resilient Rivers catchment action plan program which is just at that transition period at the moment where we're resourcing up the staff and getting frameworks together so there's quite a few actions that are sitting within there within that sphere that will be delivered as a component of that and I think we're on the right track for it it's just a difficult period to be able to go through. Frank Wilkie 03:11:34.237
And with MSQ stepping up for a lot of the on-water responsibility that's taken a large element out of the Noosa River Plan or Noosa Council's interest in the Noosa Plan? Can I respond to that? I think we. Have an advocacy role but we're not looking at monitoring on-water activities. Kim Rawlings 03:11:57.326
Yeah, no, but what I would say, Councillor Wilkie, is that we are currently recruiting for that role and we are finalising the approach. With the State government through Resilient Rivers about what that catchment action management plan will include and I would suggest that's probably better to a separate conversation with Council, which we have planned once that's in place, rather than at this point saying what's in and what's out. That would, that will absolutely take into account what's occurred in the last three or four years and what shifted from what our original aspirations were around. The river and whose roles what. It will absolutely be contemporary. That sense. Frank Wilkie 03:12:36.962
Well, I guess I'm saying with MSQ stepping up, it has changed the game significantly. Jessica Phillips 03:12:40.549
Yeah, yeah, yeah. Thank you. Question please, just around unspent grant funds please are they reallocated or take, what happens to those, grant. Ben Derrick 03:12:57.280
Yep. So there's two elements to that. One is the environmental grants, which are funded through the Environment Levy. Haven't got unspent monies in those. There was a reallocation of $50,000 from the project into alliance grants and so the books sort of balance. I think there's about a $50 excess for $150,000 odd of multi-year environment grants. So there's an underspend in Environment Levy grants that just transfers back into the Environment Levy pool and so they're used for you know all the things in the Environment Levy. It might be land purchases, it might be environmental initiatives or follow subsequent grant rounds. Subsequent grant rounds. The climate change and sustainability grants are general revenue. And so we did have an underspend in that with one particular project, predominantly contributing the most of that, which they got a fair way down the path and realised that they couldn't put solar panels on a community building because the structure structurally couldn't take it. So those monies went back into general revenue. It was too late in the piece to reissue those funds on that grant round and I don't think we had a suitable candidate to be able to reissue those. So two different answers to the two different mining streams. Jessica Phillips 03:14:11.913
Thank you, that really clarifies it. And my last question is around the plastic-free Noosa. This probably comes off the last week's Special Meeting, which I won't bring up. Okay. So just to clarify, please, the how is the Tourism Noosa funding arrangement separate to the plastic-free Noosa? Ben Derrick 03:14:40.472
Okay, sure. I can answer that yeah, so we assessed the plastic-free Noosa application separately without consideration of the Tourism Noosa funding body. There was nothing in our guidelines or policy which precluded Tourism Noosa from applying for those program fund. So we assessed it and it matched very favourably with some of the objectives that sat within the Environment Strategy. So so they got the money. Kim Rawlings 03:15:06.890
I'll just add to that any organisation that's eligible under our grants guidelines can apply for grant funding. That's community organisations, tourism, depending on which grant program. So Plastic Free Noosa, plastic free program is funded through our multi-year environment grants, which are a three-year program. They are in the final year of that three years. Our multi-year environment grants will come up again next year for consideration. Jessica Phillips 03:15:33.917
Okay. So how will potentially the Roadmap from the year of Tourism Noosa now align? Will it align at all or will we see that somehow? Kim Rawlings 03:15:44.236
Sure. It is quite separate. It's a grant, separate program, and it's assessed separately. It's governed under our grants policy and our grants guidelines. It's got its own acquittal process as it is with any organisation, sporting organisation, community organisation, anyone. That it's, governed through the grants program. Should Council be looking at the sorts of programs that Tourism Noosa might be doing in the future through the road map, it could be considered in that context, but I wouldn't want to conflate those issues. They are quite separate, the funding agreement and the road map, and then the grant, which is project specific and has very specific deliverables and its own timeframe. We need to just make sure that there's clear air between those two things because they are governed and under different processes. Great, thank you. Brian Stockwell 03:16:52.553
We. Nicola Wilson 03:16:56.174
Lots of references to the keeping it in Kin Kin projects, but do we have a plan for getting out of Kin Kin? Ben Derrick 03:17:07.998
Look, flying foxes have always been contentious within the community and all the roosts do create conflict. The in one Kin Kin is somewhat unique, where the majority of the habitat and the roost is in private land. There's only a small section of Council managed land, being the riparian area. As the population increases, it does spill into larger areas of Council. Look, Council officers really appreciate the challenge of living next to a flying fox roost. You know, hence the development of the Statement of Management Intent, as well as the particular flying fox management plans, of which there is one for Kin Kin. We understand that's a reasonably high conflict area. Based on our statement about management intent, we've transitioned from a stage one, which is background monitoring, as a product summary, background monitoring and education and restricting access to areas, to stage two, which is a greater amount of community consultation, offering residents. Flying fox subsidy program as well as ensuring that our routine maintenance projects aren't happening in and around the roost to disturb the roost. We've got a range of longer term actions that we do implement through there as well in terms of vegetation management and weed management. This year the population in Kin Kin for flying foxes has. Not changed markedly outside of the annual fluctuations that we'd expect. So there has been some. Increases in population through summer and autumn as we expect for most of the populations. But not it's something which is markedly more worse, we feel, than what it was five years ago in terms of the population. With the.what we can do for residents, as I said, we're doing stage two, which is better vegetation management through there, making sure that we're still managing our.in accordance with the statement management intent. And we've also lifted our individual subsidies from $1,500 to $2,000, and it's quite prescriptive as to what each round of those we can apply, the activities that we can apply for. So if there's that different activities that need rectification through advocacy from the community, then we can seek funds to be able to make sure that we've got grants that align to that as well. So the grants at this point have been water filtration units. Yeah, I'm not sure that it's got colours. I think it's cleaning and vegetation removal. So given most of the habitat is in private land, Council has got a policy instrument written in the Statement of Management Intent that we will not go into someone's private land and do vegetation but cleaning we'll provide subsidies so that people can engage contractors to be able to do that safely. So there's, look and I appreciate that flying foxes in the community is a, it's a contentious issue when you know properties, back on. They're a protected species. They've got levels of protection. There's certain management actions that we went through when we developed the SoMI that we can and can't do. Dispersal is one that was debated with some vigour and Noosa Council generally doesn't support dispersion. It's expensive. It's seen as a potentially short-term because the roosts have demonstrated throughout Australia to fairly frequently come back and you can make it somebody else's problem as well. So if they took off from Kin Kin, they could land at Cooroy and create all sorts of issues there or somewhere else, yeah. Amelia Lorentson 03:20:57.090
Any questions? The Burgess Creek catchment management plan. There is another pledge by the LNP and they committed a hundred thousand dollars for a critical study. Have we received any official confirmation from LNP regarding this funding? Ben Derrick 03:21:16.172
We do, we have. We've been liaising with the department. We've had email clarification or email confirmation that we'll receive that funding. We're working with the department at the moment to be able to put some specifics around what the delivery will be and so what they're looking for, what's going to suit our needs, what we've got the capacity to be able to do for a hundred thousand dollars. Given it's quite a small catchment, we still need to incorporate community engagement, we've got to be able to measure off environmental management, weed management, water quality and infrastructure requirements as well. So there's quite a lot of elements to be able to cover off for a hundred thousand dollars and we're just working through the department at the moment just make sure that we've got the funding data agreement set. Amelia Lorentson 03:21:59.142
Probably similar question that we asked with the pledge with the two and a half million dollars with the boating infrastructure. Who determines how the funds are used? Again there was context around that hundred thousand how it was going to be used. Is that now irrelevant? And do discussions as you mentioned Ben, does Council lead the narrative now that the funding's committed or does that get led by state? I'll respond to that then you can add if you like Ben. Kim Rawlings 03:22:35.679
Like Ben said we are with the department on what the scope is so they you know they've been allocated the funding but there are particular outcomes they want to achieve from that funding. Our original costings of the integrated catchment management plan were greater than $100,000. Amelia Lorentson 03:22:51.540
That's $750,000 I think two years ago. Kim Rawlings 03:22:55.105
So we do need to therefore re-look at scope to see what this hundred thousand can actually deliver as Ben said. So that is that you know and let's go there's a collaboration happening around that at the moment to say these will these are the things we think are the priority can they fit within the scope what can we manage so yes there is a scoping down of what that project can be given it's $100,000 not hundreds of thousands of dollars. Ben Derrick 03:23:24.400
Yeah, yeah and looking in terms of the outcome of detail that it goes into that's probably where those decisions will be made that rather than something which is very detailed and has detailed responses to what the risks and opportunities are in that integrated plan it might make statements at a higher level and it might direct strategic directions into particular areas infrastructure as an example of more investigation needs to be done around these areas to ensure that infrastructure you know remains viable. Amelia Lorentson 03:23:55.620
Have funded just trying to think 23 Kim, 2023-24 the University of the Sunshine Coast we funded a report on looking at erosion movements around the mouth of Burgess Creek. Two questions will that report help guide the scope because there's already been some investigatory work done in the space and two has that report ever been released to public? I haven't seen it. Kim Rawlings 03:24:29.017
I'll have to take that on notice about that know we did do a status update on that report back to Council maybe I'd have to check the date maybe mid last year or early. Amelia Lorentson 03:24:39.647
Last year but the actual report I don't think we ever had access to that. Kim Rawlings 03:24:43.572
No I'll have to take that on notice and follow up about the status of that report whether it's been released I'm not sure. I can't see Lorentson um but yeah there has been a lot of work done in that catchment over the last couple of years as you know. So all of those things will be key inputs into what the scope of the water catchment management plan is now and really needs to focus on where the gaps are because we have got a lot more information now and there has been a lot of work done in the last couple of years so you know the best use of that investment will be in what are the gaps what don't we know and you know what we need to do going forward. Amelia Lorentson 03:25:20.399
And my last question integrated water catchment plan so again going back a couple of years ago there was appetite to fund that we haven't and I'm anticipating that cost has exacerbated over the last couple of years how do we progress that will the environment then will you come to us as part of our budget deliberations and put that as an initiative for us to consider yeah. Ben Derrick 03:25:55.946
Look we we've got we haven't we've got a working group on it which is incorporating environment and infrastructure so we're getting technical officer input into what we consider to be the elements that we need to it need to address that will come to Council prior to being signed off it's a significant government grant so we need to make sure the Council is updated we haven't considered making a budget bid to increase that amount we're grateful that we've got a hundred thousand dollars a few months hundred thousand dollars a few months ago so we're working with what we've got. Spend. Yeah. Amelia Lorentson 03:26:33.757
Thank you very much. Brian Stockwell 03:26:36.930
Does anyone want to move the mic or we got a question? Cancel, we're going to need to cancel. Tom Wegener 03:26:41.345
Yeah, question. Looking at the round table coming up and working a lot of working with community be groups, done. How do you see that? I would love to see them actually bringing a monetary value to what they're doing and to be more and included in the actual running of the environment machine. And, like, for example, if you're going to be able to do that, how like, do you think for example, NICA. You know, they go off and they do the water monitoring, and they bring that back, and they're not staffed, but they do a fantastic job, and is there other groups we can really, both as a Bushcare group and things like that, and how can we expand with, you know, our support for those groups doing stuff to help us out? Ben Derrick 03:27:27.529
Yeah, we've got a, we're engaged with our network. Yeah. Not engaged on the formal sense in terms of a round table, and so a round table, which is intended to be every six months for interested parties, will provide us with a kind of a strategic guidance on where we're headed. Probably, to be able to engage properly with those groups is a lot more organic and day-to So, you know, prior to coming in here, I was supposed to be in a NICA meeting, and it's just that, you know, ongoing touch points of all of our officers, you know, regularly engaging with those community groups to make sure that they've got the support that they need to keep going. If there's a group that is facing some challenges, and Council is aware of it, we certainly offer our support so that they can move through those times and still deliver what their members want them to deliver. Yeah. So we're regularly engaged. I can appreciate needing a formal network so that we can report on it and recognise it and celebrate it. Yeah, probably on a day-to basis. That's something which is kind of the nuts and bolts of work. Tom Wegener 03:28:41.515
We'll think leading on from that then, the Destination Management Plan and the concept of being a regenerative community. Tourist area. And I think that the community groups will be the ones to lead the charge, to lead the informing of the public. Is that right? Are you looking at them as a conduit for your concept of a destination management, regenerative Destination Management Plan, to take hold in the community and find its roots? Kim Rawlings 03:29:15.739
I think, Councillor Wegener. Um, there's still some further discussion to be had around the Destination Management Plan with Council, but like any key strategy that Council does, fundamental to the delivery of our strategies, Environment Strategy, Housing Strategy, any. Our community partnerships, they're embedded in our strategy. We couldn't achieve the things that we are achieving at the moment and this report with its 60 page attachment demonstrates how significant a community contribution our community organisations make. So I would think absolutely. You know, partnership. Arrangements and having our key community organisations involved and aligned with where we're heading across all of our strategies is actually fundamental you know I think in many areas our community organisations do a lot of and heavy lifting in terms of helping Council achieve the objectives that we set. Tom Wegener 03:30:30.076
Last thing, I was at the David Attenborough movie the other night talking about nets and we have a lot of discussion of our sharpness, but could we have a no net Noosa, no net biosphere? Just throwing it out there. I don't think that's one to stop. Brian Stockwell 03:30:54.772
Councillor Finzel. Karen Finzel 03:30:56.034
Thank you, Mr Chair. Through the Chair and the staff, first of all, thank you for the report. It is a big body of work. I'm out to review against the contemporary threats. And challenges moving forward. I know one of the threats I think about is our organic waste landfill, which is really important given we're looking at being a sustainable environment. You know, I mean, farm during and tourism destination. Two things. Firstly, I'd like to hear what maybe your top two things that you consider are threats at the moment that are contemporary. But secondly, how does this Environment Strategy going to play into and inform a strategy associated with DA conditions for organic waste as we develop our capacity to accept the organic waste stream? Do you want to answer that? Kim Rawlings 03:31:53.340
So I think the second, the response to the second question the, it's a combination of Environment Strategy and Waste Strategy, and legislative requirements, and it's kind of changing landscape around waste and organics and things. So I, you know, it probably needs broader discussion, Councillor Finzel, to be honest, to answer that question. You know, it'd be good to have Kyrone in the room and actually sort of thrash, that out about what is it, what are the targets we're going to set, what are the, you know, what are the parameters, what are the expectations, and how we then flow that through our strategies, into our regulatory conditioning, into DA processes and, you know, what sort of expectations we have, I think there's a fair bit of water to go under the bridge around that at the moment. We definitely have aspirations and. Strategic objectives. Around that, but, you know, that whole kind of pipeline of how that then lands on the ground really probably needs a bit more consideration and conversation. Karen Finzel 03:32:55.417
And then in terms of what you think are some of those, the top two threats that you consider. Ben Derrick 03:33:03.529
Yeah, and Councillor Finzel, it's probably subjective to my view, so somebody might give you a different answer. Look, I think with the time that I've spent working in the environment field, which is close to three decades without question, climate change and population pressures on our biodiversity areas and our environment compromising our environmental values without question and particularly in South East Queensland they are the big two that require careful and strategic attention to and protection of the long-term- protection of our conservation estate and the expansion of our conservation estate to make sure that we are operating sustainably from biodiversity, carbon perspective which is something that we haven't picked up or we haven't quantified in the current Environment Strategy. We've got a target for conservation which is fairly rudimentary in terms of how that was chosen. But there's science out there now that says these are the targets that you should be hitting in these particular bioregions which we can anchor some science to, say Noosa within our boundaries, we've got sustainability, not for next decades until the Planning Scheme eventually you know pushes right up into Noosa and we have to change but you know if we protect it right then for centuries and generations to come for sustainability for genuinely what it is rather than something that we can do for a short period of time because that's some sometimes everything. Frank Wilkie 03:34:38.675
One last question the eastern beaches foreshore reserves management there's a number of actions there if the wording says progress and in implementing the plan includes there's a range of actions there does this mean progress has been made in each of those actions. Ben Derrick 03:34:59.830
Yes okay yeah that's correct and not always are we seeing a lot of action it might be development of background material it might be communication with community members down there as a First Point is that we need to get that particular action moving the eastern beaches foreshore reserves management plan is a implementation actions that come out of that there's probably 70 or 80 of them so it's a big body of work as well to be able to work through a prioritisation. Frank Wilkie 03:35:24.253
Yeah there's five key overarching actions there making progress that's correct yeah the fencing signage and a system natural regeneration for recovery sites meaning the dunes to improve natural foreshore resilience that's probably a highly visible aspect of the plan seeks to address how are we going in terms of resourcing for that action. Ben Derrick 03:35:54.285
Yes that's very much embedded in the beach access infrastructure manual so signage is it will be addressed there as well as general fencing yeah-vegetation. Yeah, and making. Sure that the best available access to the beach is the most appropriate one as well so currently we've got some beach accesses which is where you know everyone's coming on to the beach at those points and so they're the ones that people make decisions so I wander off into the dunes or did I go down to the beach line getting those right is seen as absolutely critical for the creep of them then comes out if we don't have clearly defined beach accesses and so that the draft BAME at the moment which is around about 80% completed moment is very prescriptive around tier one two and three what's going to be there what are the environmental objectives and what's the basic design of those beach accesses yeah so it's a start. Amelia Lorentson 03:36:52.335
Question yeah so the report cites 2030 all food waste is diverted from landfill also identifies that some of the strategies towards targets is unable to be assessed due to insufficient monitoring data. A couple of questions how we're currently progressing on meeting the Noosa's food waste reduction targets is 2030 realistic? Sorry? Is 2030 target attainable? I really think that's a good question. Shaun Walsh 03:37:28.135
Sorry, Chair, I really think that's a matter for funding from the State government through a redistribution of the State food waste levy. You know, we collect a lot of money on behalf of the State and the committee has to get that money back. We're in the picture in terms of funding submissions but, you know, that level of technology and waste separation and composting and whatever is suggested is expensive and we're looking to the State for their assistance to help lead that project and achieve that goal. Amelia Lorentson 03:37:52.660
So it is achievable. Shaun Walsh 03:37:54.221
That goal being in there, it's achievable with the right funding. Tunding and the pressure. I'm going to move to motion. Amelia Lorentson 03:38:00.713
Sorry, I have another question. Brian Stockwell 03:38:02.996
Okay, you can have a question any time. Amelia Lorentson 03:38:05.098
Thank you. Just a follow-up. Brian Stockwell 03:38:06.099
No, no, I haven't moved to the second, so you can do it after the talk. The report highlights a great lot of activity that has been done over the five years. There's been significant body of work done both by staff, and as was highlighted, most of the stuff that gets done on the ground is a partnership with Council and the community, and it's been done, and we're fortunate to have hundreds, if not thousands, of people working across the various elements of the Environment Strategy at a community level, helping us to achieve the targets. I think the concept of having a five-year midterm review is good and you outlined in the report a range of different triggers that would warrant that. I actually think there's one more and it relates to one of the reds, the red 414 was enhanced integrated catchment management of the Noosa River and Mary River sub-captains with a view of improving land use, wetland and riparian management practices through landholder engagement on ground rehabilitation. Integrated catchment management is a way of operating. It's a much broader kind of concept than what we have embodied recently. It's about a holistic, it's about bottom-up, it's about stakeholder driven and it's, I think, something we have to think about whether it's Council's role to do. In the Mary catchment they have had an integrated catchment management body since 1994. It's probably still the longest running and biggest one in Queensland and they've got multi-million dollar budget. In news Noosa we haven't got the same momentum and NICA has opted through their own reviews to go a different direction. I think the concept of how we get integrated natural resource and environment management is one we have to think a lot about and I don't think we'll get to the target in section 2.1 which is about maintaining and improving the health of our waterways, wetlands and capitals if we don't do something about it and I'd say that because it's a multi-stakeholder approach and it's an approach that gets stakeholders around the table so that you can manage conflict whereas at the moment and previously the Noosa River in particular is a source of conflict, and hence why I think when we get to the enable the action C I don't think we've done it. I wouldn't agree that we've been progressive and part of that is because change of staff over time. There was a real reason why B which is a round table and C was separated because that was in the arrangement agreed to by the sector. We always we started and we've had every group whether they're a Bushcare group whether they're an unincorporated environment group we had the Cooroy residents association, Noosa Shire residents anything that had a sustainable development focus we had indigenous Kabi Kabi people come once or twice we had reef check there we had I think OzFish might have come we had numerous quite other groups and they come and Council have an agenda we might want to talk to them about one or two things but they would also lays their own agenda and they work how they'd like to work together so we had great projects like the eastern beaches Bushcare groups come together we sort of lost that since COVID and I think and just before COVID there was this thing where Council was trying to say we think the community should run it and the community was trying to say no we want Council to keep on leading it. I think we have to decide about who does and I think it's a germane to an achievement of not just 2 that 2.1 but it's also around the ZEN. And why it's about how do we get integrated environmental solutions to achieve our waste targets and our emissions reduction which require a lot of work in the community to achieve behaviour change and to me that whole integrated and. Engaged and more collaborative approach on holistic options is something we can think more about. You know we do a good job at a project by sector by but we're not doing that well in my opinion on the integrated. But as I said we're achieving great things I won't be too negative, but I just think as part of that review we have to think about how we operate. Now, Councillor Lorentson you wouldn't want to ask a question. Amelia Lorentson 03:42:15.927
Thank you Councillor Stockwell and I appreciate how nicely you just asked me that question. In terms of progress, Noosa signed an MOU with Gympie on regional waste management. I just want to know what specific initiatives have resulted from the partnership. Kim Rawlings 03:42:40.310
Noosa signed the MOU with Gympie Regional Council about waste. Is there any update on progress on that? Shaun Walsh 03:42:49.051
When we've been having discussions with the region, we've included Gympie as part of it because it's a bit challenging because Gympie is not playing the same as the Queensland regional organisation of plasmas, but there are particular attributes they have in terms of space and particular waste streams that we can bring into the forum. So I suppose we've taken a position that we're advocating for waste outcomes that Gympie can be involved in as part of the regional solution. And also note that some of their waste suppliers, such as Corbett's, we have a number of commercial contracts with. We're actually using Gympie suppliers. So I'd say it's a healthy relationship, but yet to, you know, have proper fruition in terms of its outcomes. Amelia Lorentson 03:43:28.383
Another question: how often do we meet with Gympie there? Shaun Walsh 03:43:32.975
I don't personally know. Don't I personally meet with the Gympie Mayor. Amelia Lorentson 03:43:36.257
Or just with their waste staff? Kim Rawlings 03:43:38.980
Yeah, we have a quarterly forum with Gympie Sunshine Coast Council and us as an executive, so all three CEOs waste and all three executives. Is a regular topic on that, they're all strategic regional topics that are part of that agenda and one quarter we meet at Gympie, one quarter we meet here, one quarter we meet at Sunshine Coast. So that has been a continuous topic of conversation. Amelia Lorentson 03:44:07.841
Thank you, Kim. Tom Wegener 03:44:11.739
Yes. I'll speak to that. Brian, that was probably your most inspirational speech. Thank you. And it's visionary and. Know, you're saying that we actually need a central glue to pull all these groups together. And I think waste is doing it. They're incredible. But perhaps in the past, there was groups, probably the MTA, that had the vision that Noosa followed. And I think that we. Do need that integration amongst the groups. For example, I think their site is carbon sequence, key sequestration, and biodiversity offsets. And that's something that groups can do, that individuals can do. They can be outside of Council, but for goodness sake, we don't need to squash them when they're trying to do things, which can happen. I actually throw another great idea out there, and that is almost a PR firm as the central body to talk about what the groups are doing. And instead of Council doing it, because Council it can't actually blow our own horn and get very good that's not what we're good at. But if we work with other groups, but actually, maybe perhaps, maybe Tourism Noosa becomes the cheerleader for pulling all the groups and then sharing this vision, because of where we lack right now, I believe, is vision our lack of shared vision for a regenerative future in you Noosa. And I just love what you're doing, by the way. Great work. The environment team is fantastic. And I think that, as Frank pointed out, the amount of success on the ledger board there, if you go through all 42 actions, it's phenomenal. So keep up the great work. Brian Stockwell 03:45:54.393
I think we should talk to the match from. Amelia Lorentson 03:45:55.490
I Councillor Lorentson. Probably want to talk about the review period. So we are at the halfway mark of the 10-year implementation. And I agree with you, Ben, we've got to assess progress, adapt to environments. Environmental challenges and ensure that our approach is effective and relevant etc. Probably a critical time to ask, you know, I think Councillor Finzel asked you what your biggest challenges or future threats. I think the questions that I'm sort of asking is and maybe part of the review is we should start really really thinking hard about how green we are as a Council today compared to say five years ago or compared to ten years ago and how green does our future look. You know biggest risk to me is landfill. Our landfill emissions account for 63% of Noosa Council's total emissions. There's a clock ticking in terms of the landfill. It's close to reaching capacity so that keeps me up at night and the other big risk is plastics and microplastics and these emerging contaminants and we saw that just recently Cyclone Alfred. There's serious threats and the only way we change behaviour is we start walking the talk and that goes back to my original question that we should be consider considering as part of the review is how green are we today and how green must be if we're going to sing under the mantra Different by Nature. Brian Stockwell 03:47:53.098
I will close because there's one thing I think Councillor Wegener might be onto something and that's in terms of my thinking and his thinking combining under the concept of do we integrate around the concept of what is a regenerative future because I do think you know back prior to COVID the conversation was shouldn't we have Tourism Noosa in the room and it's probably quite clear that is now a big part of what the future involves and having people both from those who see the regenerative future as something that's happening in terms of weeds and bushes along the Coast to those who've got a more strategic about reducing emissions having that conversation is likely to drive a lot more common purpose and I think while not every environment decision can be done in a consensus fashion with all stakeholders it is a good way to get change in the community and I'll give you one example and that is the rejection of the traverson dam was as a result of all the relationships done in the formation and delivery of the Mary Integrated Catchment Management both the local, national and international networks that all came out telling the government they got it wrong. I'll put it back. Those in favour? That's unanimous. Thank you very much. Thanks. Think that might be it is it? I know we've got a confidential. So I'll have a motion to move in the confidential session if someone wants to move what is on the board. Councillor Lorentson is moving. Amelia Lorentson 03:49:37.117
I'm happy to move that the meeting be closed to the public pursuant to section 254 J3G of the Local Government Regulation for the purpose of discussing a contract proposed to be made by Council in item 9.1 contract number CN25031 provision of cleaning services for administration buildings, libraries and other facilities. Brian Stockwell 03:50:02.401
Seconded by Councillor WILSON, there is no need for discussion. I think all in favour? That is carried. So if those who aren't staff in. Frank Wilkie 04:19:53.913
I think they're still outside too, waiting to come back in. Are they? I don't know. They're going out the door, I think. I can hear them. Don't think they're streaming. I'll go and have a look. It's on. They're waiting to hear one. Thank you. Brian Stockwell 04:20:10.965
Very much. Frank Wilkie 04:20:12.861
Thank you. Brian Stockwell 04:20:15.230
Okay. We're on? Amelia Lorentson 04:20:16.539
Okay, so welcome back. To the Council meeting. Brian Stockwell 04:20:23.938
We have a recommendation in front of us in terms of a confidential item. I can't see the recommendation. Okay. So, Cathy, if you could just bring up the recommendation, please. Frank Wilkie 04:21:04.081
So why are we going to read all of it? Amelia Lorentson 04:21:06.384
Just make it a bit smaller. Thank you. I'll move it over on the other side. Thank you. Brian Stockwell 04:21:18.680
Okay. Would someone like to move the staff recommendation? I'm happy to move it. Councillor Wilkie, seconded by Councillor Finzel. Did you wish to talk to it? I do not. Anyone wish to discuss? I put the motion. Those in favour? It's unanimous. And that brings us to the end of the meeting. Closes .52pm. At 4.52pmie thank you, Councillors. Related Noosa Council Meetings
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