Ordinary Meeting - 17 April 2025
Date: Thursday, 17 April 2025 at 10:00AM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:26:48
Synopsis: Housing Disposal: Coast2Bay market-value sale, transparent process, Pound Services: RSPCA exit, continuity planned, Rowing Club: time-limited MCU, Lake Macdonald: remediation, grants, Pomona support.
Meeting Attendees
Councillors
Frank Wilkie Karen Finzel Jessica Phillips Amelia Lorentson Brian Stockwell Tom Wegener Nicola Wilson Executive Officers
Chief Executive Officer Larry Sengstock Director Community Services Brad Chalmers Director Corporate Services Scott Ison Director Development & Regulation Richard MacGillivray Director Strategy And Environment Kim Rawlings AI-Generated Meeting Insight
Key Decisions & Discussions Frank Wilkie: Confirmed prior minutes and ran a concise agenda with five public questions; no petitions, presentations, deputations, mayoral minutes, notified motions, or confidential items (00:02; Minutes 5–10, 12–13). Brad Chalmers: Pomona Showgrounds master plan is the Show Society’s prerogative; Council met 11 Mar 2025 and will assist with planning over the next 12 months, with potential grant support (01:19, 02:13; Minutes 8.1). Richard MacGillivray: RSPCA pound contract not renewed; Council working on alternative pound management with minimal service disruption; future use of Hollett Rd site to align with Strategic Land Activation Policy (04:35, 05:34; Minutes 8.2). Richard MacGillivray: Additional Animal Permit pathway exists to allow >2 dogs where justified; 2023–24 animal control spend $837,331.13; revenue $520,296.99 (07:33, 08:41; Minutes 8.3). Kim Rawlings: 62 Lake Macdonald Dr remediation costings include contingencies; tenders will inform final cost and next steps; housing-enabling grants are being pursued for remediation/subdivision; Lots 2–3 future use to be community-consulted per 23 Jan 2025 resolution (09:54, 11:07; Minutes 8.4). Larry Sengstock and Kim Rawlings: On Coast2Bay: relationship established via 2022 Housing Strategy and MOU; Council approved disposal of Lot 1 at market value under s236 Local Government Regulation 2012; impact-assessable MCU required and publicly notified (12:14–14:13; Minutes 8.5). Council: Adopted Planning & Environment Committee recommendations incl. noting February 2025 delegated decisions and delegating conduct of P&E Court Appeal 1998/2024 (childcare at Noosa Civic) to CEO (15:46; Minutes 11.1, 9.1). Council: Approved renewals for Sunrise Shops Shop 4 (5-year + 2x2 extensions) and Shop 6 (1-year + 2x1 extensions) using s236(1)(c)(iii) leasing exception to tender (16:58; Minutes 11.2, Items 7.1–7.2). Brian Stockwell: Declared a declarable COI on Seqwater/Rowing Club MCU; Council resolved under s150ES LGA 2009 that he may participate with no reasonable perception of bias; he did not vote (17:50–18:58; Minutes 11.3, Item 7.1). Council: Approved MCU24/0151 Outdoor sport & recreation (Rowing Club) at Lake Macdonald with amended Condition 20: approval lapses 17 Apr 2032 or 60 days post Seqwater dam project, whichever earlier; removal/rehab requirements specified (19:40–25:29; Minutes 11.3, Item 7.1 A–C). Council: Adopted March 2025 Financial Performance Report, noting inclusion of key financial sustainability indicators (25:29; Minutes 11.3, 8.1). Contentious / Transparency Matters Brian Stockwell: Point of order curtailed extended preambles by public questioners; Chair enforced succinct questions, potentially perceived as strict but consistent process control (03:36–03:47, 06:34–06:47; Minutes 8). Kim Rawlings: Coast2Bay “transparency” concern addressed with documented 2022 Housing Strategy consultation, MOU, and s236 disposal at market value; clarified impact assessable DA with public notification (12:30–14:13; Minutes 8.5). Richard MacGillivray: Clarified applicant/lessee roles for Rowing Club MCU and pathways to vary conditions post-approval; noted potential miscommunication between Seqwater and lessee, with mechanisms to resolve (21:28–22:46; Minutes 11.3, Item 7.1). Kim Rawlings: Clarified Community Facilities zoning allows affordable housing by private owners under Qld Planning Regulation 2017; counters claim that private ownership negates zoning intent (14:13–15:46; Minutes 8.5). Public Participants: Concern over safeguarding Hollett Rd site post-RSPCA raised; Council deferred decisions pending pound arrangements but referenced Strategic Land Activation Policy to prevent ad hoc reuse (05:06–05:56; Minutes 8.2). Legal / Risk Court Appeal: P&E Court Appeal No. 1998/2024 (childcare at Noosa Civic) management delegated to CEO; mitigates procedural delay and centralises litigation strategy (15:46; Minutes 11.1, 9.1). Conflict Management: s150ES LGA 2009 applied to assess and allow participation of a councillor with declarable COI; vote recorded with non-participation in voting, reducing bias risk (18:58; Minutes 11.3, Item 7.1). Rowing Club Approval: Time-limited approval aligned to Seqwater dam upgrades; stringent decommissioning and rehab (weed removal under Biosecurity Act 2014; planting to local RE) reduce environmental/legal exposure (19:40–23:20; Minutes 11.3, Item 7.1 A, B). Procurement/Disposal: Lease renewals and Lot 1 disposal relied on s236 LGR 2012 exceptions with market value sale; compliance with tender exceptions and avoidance of undervalue risk documented (12:36, 16:58; Minutes 8.5, 11.2). Pound Services Continuity: RSPCA exit creates operational risk; Council signals continuity arrangements and transition collaboration to avoid regulatory gaps in animal management (04:35; Minutes 8.2). Environmental/Financial: 62 Lake Macdonald remediation carries cost overrun risk; Council’s contingencies, tender testing, and potential grant offsets reduce fiscal exposure (09:54; Minutes 8.4). Conflicts of Interest Brian Stockwell: Disclosed prior Seqwater consultancy (2019–2020) on Lake Macdonald assets/solar suitability; Council decided reasonable person would not perceive bias; he remained but did not vote (17:50–18:58; Minutes 11.1 & 11.3, Item 7.1). Environmental Concerns (Lake Macdonald, Remediation, Catchment) Rowing Club MCU: Council found proposal small-scale, lake-dependent, temporary, with minimised impacts on ecological/water catchment values; strict rehab post-operations mandated (19:40; Minutes 11.3, Item 7.1 B1–B2). Seqwater Coordination: Urgency due to dam safety upgrade (3–5 years) justified relocation timeline; approval lapses tied to project completion to prevent permanent creep (23:20; Minutes 11.3, Item 7.1 A, B). Remediation (62 Lake Macdonald Dr): Contaminated soil volumes and methods scoped; contingencies included; future use for Lots 2–3 will be community-consulted to balance open space vs. housing-enabling objectives (09:54, 11:07; Minutes 8.4). Community Facilities Zoning & Housing Delivery Kim Rawlings: Community Facilities Zone permits affordable housing whether land is public or private; examples include privately owned aged care; Coast2Bay must lodge an impact assessable MCU under the Noosa Plan (14:13–15:46; Minutes 8.5). Process Integrity: Coast2Bay selection anchored in 2022 Housing Strategy consultation, stakeholder reference group, and MOU; disposal of Lot 1 at market value under s236 LGR 2012, without precluding other CHPs on future projects (12:36–13:44; Minutes 8.5). Asset & Lease Management (Commercial & Community) Council: Renewed Sunrise Shops leases (Shop 4 to Sunrise Dental Care Pty Ltd, Shop 6 to Cartor Pty Ltd) with options; applied tender exemption for existing tenants under s236(1)(c)(iii) (16:58; Minutes 11.2, 7.1–7.2). Richard MacGillivray: Clarified that post-dam works, the Rowing Club can re-establish on original site; any future changes require landowner consent and possible change applications or event permits (23:00–24:58; Minutes 11.3, Item 7.1).
Official Meeting Minutes
MINUTES Ordinary Meeting Thursday, 17 April 2025 10:00 AM Council Chambers, 9 Pelican Street, Tewantin Cr Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom Wegener, Nicola Wilson “Noosa Shire – different by nature” ORDINARY MEETING MINUTES 17 APRIL 2025 1. DECLARATION OF OPENING The meeting was declared open at 10.03am 2. ACKNOWLEDGEMENT OF COUNTRY Noosa Council respectfully acknowledges the Traditional Custodians of the lands and waters of the Noosa area, the Kabi Kabi people, and pays respect to their Elders, past, present and emerging. 3. ATTENDANCE & APOLOGIES COUNCILLORS Cr Frank Wilkie (Chair) Cr Karen Finzel Cr Jessica Phillips Cr Amelia Lorentson Cr Brian Stockwell Cr Tom Wegener Cr Nicola Wilson EXECUTIVE Chief Executive Officer Larry Sengstock Acting Director Community Services Brad Chalmers Acting Director Corporate Services Scott Ison Director Development & Regulation Richard MacGillivray Director Strategy and Environment Kim Rawlings APOLOGIES Nil. 4. CONFIRMATION OF MINUTES Council Resolution Moved: Cr Karen Finzel Seconded: Cr Amelia Lorentson The Minutes of the Ordinary Meeting held on 20 March 2025 be received and confirmed. Carried unanimously. 5. PETITIONS Nil. ORDINARY MEETING MINUTES 17 APRIL 2025 6. PRESENTATIONS Nil. 7. DEPUTATIONS Nil. 8. PUBLIC QUESTION TIME 8.1. BRIAN O'CONNOR QUESTION 1 As stated in 2018, so seven years ago, and reaffirmed at least twice since, is Noosa Council still committed to a Pomona Showgrounds Masterplan? Response provided by Brad Chalmers, Acting Director Community Services Thank-you Mr O‘Connor for your question and ongoing interest in the Pomona showgrounds. As a follow up to your public question in 2023, Pomona Showgrounds are freehold land, owned by Noosa Agricultural, Horticultural and Industrial Society, also known as Noosa Show Society. As freehold land, it is therefore up to the owner, Noosa Show Society, as to, if or when, a master plan is developed. To that point, council staff have met with members of the show society committee on the 11th March 2025. At this meeting the Show Society indicated a desire to undertake a master planning process and staff will now look to assist them on the commencement and development of a plan. QUESTION 2 If the answer to Question 1 is in the affirmative, why the delay and how will the commitment manifest itself, and against what timeframe? Response provided by Brad Chalmers, Acting Director Community Services Thank-you for your additional question. Noosa Show Society is an independent community organisation with its own priorities. We are happy to discuss a potential master plan with the Show Society and provide support in the development of this plan, commencing over the next 12 months. Council has funding available to assist organisations to undertake planning processes like this and would work collaboratively with the Show Society on an important project such as this. 8.2. DEBRA WALZ QUESTION 1 In light of the announcement by RSPCA Qld to close the Noosa RSPCA Shelter at Hollett Road, Doonan, what arrangements has Council undertaken to accommodate and manage potential surrendered and/or abused dogs or stray dogs in the Noosa Shire, including any ongoing intentions to operate a pound facility? ORDINARY MEETING MINUTES 17 APRIL 2025 Response provided by Richard MacGillivray, Director Developmnent & Regulation Council is currently working through alternative arrangements for pound management services in light of the recent decision by the RSPCA to not renew its contract with Council. We are committed to working closely with the RSPCA to ensure a smooth transition and we anticipate that there will be minimal to no impact on the service during this period. We look forward to announcing new arrangements for the management of lost and impounded animals in the very near future. QUESTION 2 Once Council regains the premises at Hollett Road, Doonan, what is Council's intention for the use of this land, the buildings and facilities and how has Council considered securing these premises. Response provided by Richard MacGillivray, Director Developmnent & Regulation Until Council has finalised its new pound arrangements, it’s too early to say how the site may be used in the future. However, any proposed new use of the site would need to be assessed against Council’s Strategic Land Activation Policy to ensure it supports Council’s strategic goals and benefits the local community. 8.3. TREVOR WALZ QUESTION 1 In light of the current need for people to foster dogs and the potential increase in need, due to the imminent closure of the Noosa RSPCA, would Council consider allowing residents to have up to three dogs on their property provided they have evidence from RSPCA Qld that one or more of those dogs is in temporary foster care? Response provided by Richard MacGillivray, Director Developmnent & Regulation Residents can apply to Council to keep more than the prescribed number of animals through an Additional Animal Permit. The number of animals permitted per property will be assessed on criteria such as the size and location of the property and the type of animals being kept. There is a small fee for each application which is listed in Council’s fees and charges schedule QUESTION 2 In the last financial year the expenditure on animal control was $837,331 which included all staff and activity costs. Can Council provide a break down of income and expenditure for last financial year, including all funding related to animal control in the Noosa Shire? Response provided by Richard MacGillivray, Director Developmnent & RegulationIn the 2023-24 financial year the expenditure for animal control was $837,331.13. The components of this expenditure include related employee costs and internal charges, material and services incorporating items such as doggie bags and pound management fees, and depreciation. The revenue generated for the same period, primarily relating to fees and charges and other relevant revenue (i.e. infringements) was $520,296.99. ORDINARY MEETING MINUTES 17 APRIL 2025 8.4. PAT SPICER QUESTION 1 What is the council’s plan if the remediation of 62 Lake Macdonald Cooroy exceeds the sum generally outlined in the report 16 May, 2024? Response provided by Kim Rawlings, Director Strategy & Environment While appreciating there are complexities in remediation, Council has assessed the site at 62 Lake Macdonald Dr Cooroy thoroughly to estimate remediation costs as accurately as possible prior to works commencing. This includes remediation techniques, estimated soil depth and areas to be remediated identified in the Remediation Action Plan as provided by the qualified consultant. From this, the soil quantities required to be removed from site have been estimated. Supervisory, operational and transport costs for this work have been assessed and rechecked. In preparing for this work, project contingency costs have been included. Project tender responses, when received, will further inform the final estimated project cost and the final decision regarding the next steps with the project. QUESTION 2 In relation to 62 Lake Macdonald Drive, Cooroy, what grant funding options are available to Noosa Shire Council for open space, true full community use, landscape and amenity rather than tied to investigation for housing or infrastructure for housing? Response provided by Kim Rawlings, Director Strategy & Environment At present, Council is focused on delivering the remediation and subdivision works for the existing project for which federal and state grant opportunities do exist for projects that enable housing. This may allow the remediation cost to be partiallyfunded by grant funding. Future use of proposed lots 2 & 3 have not been fully considered at this point and, as per the Council resolution of 23 January 2025, any future plans will involve community consultation. Grants come up from time to time across a range of areas that enable projects to be implemented with the assistance of grant funding. Council keeps abreast of these grant programs as they arise. These are often subject to particular eligibility requirements and time frames and can often change when governments change. We are unaware of any eligible grant programs available at the moment for the uses outlined in the question, however we will continue to pursue any that are relevant. 8.5. RHEA DEN BRAASEM QUESTION 1 Why was Coast2Bay chosen, through a process that lacked transparency, to be the recipient of Lot 1 of the proposed subdivision of 62 Lake Macdonald Drive, Cooroy? Response provided by Kim Rawlings, Director Strategy & Environment Coast2Bay (C2B) is a well-regarded local Tier 1 Community Housing Provider. C2B have been active in the Noosa Community for many years. In the development of the Noosa Housing Strategy, community-wide consultation occurred, including in Cooroy. A range of local stakeholders were invited in 2022 to form a Housing Stakeholder Reference Group to assist Council with social and affordable housing solutions in Noosa. Coast2Bay has been a member of the Housing Stakeholder Reference Group since it was established in 2022. A Memorandum of Understanding between Coast2Bay and Noosa Council was executed in 2022. It was from this long-standing relationship that the opportunity ORDINARY MEETING MINUTES 17 APRIL 2025 to progress housing on this site was instigated. This site was identified to be investigated for housing in the widely publicised Noosa Housing Strategy 2022. At its ordinary meeting of 16 May 2024 Council approved the disposal of Lot 1 under section 236 of the Local Government Regulation 2012. Proposed Lot 1 is being sold at market value. This decision does not prevent Council from dealing with other community housing organisations for other much-needed housing solutions that may arise in Noosa LGA. QUESTION 2 Once the land, Lot 1 at 62 Lake Macdonald Drive Cooroy, is sold to Coast2Bay, it is unbelievable that the land can remain zoned Community Facilities as it no longer belongs to the community so what exactly is the Material Change of Use application that Coast2Bay has to submit as part of the initial DA? Response provided by Kim Rawlings, Director Strategy & Environment Community Facilities Zone is defined under the State Queensland Planning Regulation 2017, the purpose of the community facilities zone is to provide fordash; (a) community-related uses, activities and facilities, whether publicly or privately owned, including, for exampledash; (i) educational establishments; and (ii) hospitals; and (iii) transport and telecommunication networks; and (iv) utility installations; and (b) residential uses, if all of the dwellings for the residential use, other than caretaker’s accommodation, aredash; (i) an affordable housing component; and (ii) either on landdash; (A) associated with a community activity comprised of a community care centre, a place of worship or a residential care facility; or (B) owned, controlled or managed by an entity that carries out a community activity comprised of a community care centre, a place of worship or a residential care facility. For example Residential aged care such as Kabara is included in the Community Facilities Zone. Palm Lakes Retirement Resort is included in the Community Facilities Zone. These properties are privately owned and accommodate people’s homes. The community facilities zone relates to what land use can occur on the land rather than who owns the land or who it belongs too. It can apply to both public and private land. An impact assessable MCU application for housing is required for the C2B proposal which means the development application is publicly notified and is required to be assessed against the Noosa Plan. 9. MAYORAL MINUTES Nil. 10. NOTIFIED MOTIONS Nil. ORDINARY MEETING MINUTES 17 APRIL 2025 11. CONSIDERATION OF COMMITTEE REPORTS 11.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 8 APRIL 2025 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Amelia Lorentson (Chair) Cr Brian Stockwell Cr Frank Wilkie NON COMMITTEE MEMBERS Cr Karen Finzel (via Microsoft Teams) EXECUTIVE Director Development & Regulation Richard MacGillivray APOLOGIES Cr Tom Wegener COMMITTEE RECOMMENDATIONS TO COUNCIL 7.1. MCU24/0151 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR OUTDOOR SPORT & RECREATION (ROWING CLUB) AT LAKE MACDONALD DRIVE, LAKE MACDONALD In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter due to my previous work in Lake Macdonald for Seqwater. In 2019 as part of a broader consultancy project that I completed as a sole trader I undertook Land Asset Classification of the land owned by Seqwater around the Lake Macdonald Dam. This work was at a strategic level and assessed the parcel in question as part of the broader evaluation. The project produced land capability and suitability assessments for various land uses, including for recreational pursuits such as that proposed in the application. In 2020 as part of a broader consultancy project I also undertook a further assessment evaluating the suitability of the land around Lake Macdonald for a solar farm. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I have had no dealings with Seqwater in a private consultant capacity since that time. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. That Planning & Environment Committee Agenda Item 7.1 be referred to the General Committee for further consideration. 8.1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY - FEBRUARY 2025 That Council note the report by the Acting Development Assessment Manager to the Planning & Environment Committee Meeting 8 April 2025 regarding applications that have been decided by delegated authority for February 2025 as per Attachment 1 to the Report. ORDINARY MEETING MINUTES 17 APRIL 2025 9.1 CONFIDENTIAL – NOT FOR PUBLIC RELEASE - PLANNING & ENVIRONMENT COURT APPEAL NO. 1998 OF 2024 – APPLICATION FOR MATERIAL CHANGE OF USE FOR A CHILDCARE CENTRE AT NOOSA CIVIC, 28 EENIE CREEK ROAD, NOOSAVILLE That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 8 April 2025 regarding Planning & Environment Court Appeal 1998 of 2024 and: A. Delegate to the CEO the power to attend to all matters relating to its resolution. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That the report of the Planning and Environment Committee meeting dated 8 APRIL 2025 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. ORDINARY MEETING MINUTES 17 APRIL 2025 11.2. SERVICES & ORGANISATION COMMITTEE REPORT - 8 APRIL 2025 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Karen Finzel (Chair) Cr Jessica Phillips (via Microsoft Teams) Cr Nicola Wilson Cr Frank Wilkie NON COMMITTEE MEMBERS Cr Tom Wegener (via Microsoft Teams) EXECUTIVE Director Development and Regulation Richard MacGillivray Acting Director Corporate Services Margaret Gatt Acting Director Infrastructure Services Kyrone Dodd APOLOGIES Nil. COMMITTEE RECOMMENDATIONS TO COUNCIL 7.1. SUNRISE SHOPS - SHOP 4 LEASE RENEWAL That Council note the report by the Commercial Business Advisor to the Services & Organisation Committee dated 8 April 2025 and A. Approve the lease renewal to Sunrise Dental Care Pty Ltd for Shop 4, Sunrise Shops for five (5) years commencing 1 July 2025; B. Authorise the Chief Executive Officer to award a subsequent two (2) by two (2) year extensions of the lease subject to the lessee complying with the terms of the lease; and C. Apply the exception to the requirement for tendering of the lease under Section 236 (1) (c) (iii) of the Local Government Regulation 2012 as the renewal is to the existing tenant. 7.2. SUNRISE SHOPS - SHOP 6 LEASE RENEWAL That Council note the report by the Commercial Business Advisor to the Services & Organisation Committee dated 8 April 2025 and A. Approve the lease renewal to Cartor Pty Ltd for Shop 6, Sunrise Shops for one (1) year commencing 28 April 2025; B. Approve the CEO to award subsequent two (2) by one (1) year extensions of the lease subject to the lessee complying with the terms of the lease; and C. Apply the exception to the requirement for tendering of the lease under Section 236 (1) (c) (iii) of the Local Government Regulation 2012 as the renewal is to the existing tenant. Council Resolution Moved: Cr Nicola Wilson Seconded: Cr Karen Finzel That the report of the Services & Organisation Committee meeting dated 8 April 2025 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. ORDINARY MEETING MINUTES 17 APRIL 2025 11.3. GENERAL COMMITTEE MEETING REPORT - 14 APRIL 2025 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Brian Stockwell (Chair) Cr Karen Finzel (via Microsoft Teams) Cr Amelia Lorentson Cr Jessica Phillips Cr Tom Wegener Cr Frank Wilkie Cr Nicola Wilson EXECUTIVE Chief Executive Officer Larry Sengstock Acting Director Corporate Services Scott Ison Director Development & Regulation Richard MacGillivray Director Strategy and Environment Kim Rawlings Acting Director Infrastructure Services Kyrone Dodd APOLOGIES Nil. COMMITTEE RECOMMENDATIONS TO COUNCIL 7.1. MCU24/0151 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR OUTDOOR SPORT & RECREATION (ROWING CLUB) AT LAKE MACDONALD DRIVE, LAKE MACDONALD (REFERRED FROM PLANNING AND ENVIRONMENT COMMITTEE DATED 8 APRIL 2025- ITEM 7.1) In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter due to my previous work in Lake Macdonald for Seqwater. In 2019 as part of a broader consultancy project that I completed as a sole trader I undertook Land Asset Classification of the land owned by Seqwater around the Lake Macdonald Dam. This work was at a strategic level and assessed the parcel in question as part of the broader evaluation. The project produced land capability and suitability assessments for various land uses, including for recreational pursuits such as that proposed in the application. In 2020 as part of a broader consultancy project I also undertook a further assessment evaluating the suitability of the land around Lake Macdonald for a solar farm. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I have had no dealings with Seqwater in a private consultant capacity since that time. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Nicola Wilson ORDINARY MEETING MINUTES 17 APRIL 2025 That Council note the declarable conflict of interest by Cr Stockwell and determine that in accordance with s150ES of the Local Government Act 2009, and having considered the Councillor's conflict of interest as described, it is decided that Cr Stockwell may participate and vote on this matter relating to MCU24/0151 Development Application Lot 1 RP 167252 Lake Macdonald Dr, Lake Macdonald as a reasonable person would not have a perception of bias as there is no personal gain or loss involved. For: Crs Wilkie, Wilson, Lorentson, Wegener, Finzel and Phillips. Against: Nil. Carried. Cr Stockwell having declared a conflict of interest was not eligible to vote. Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Karen Finzel That Council note the report by the Coordinator Planning to the General Committee Meeting dated 14 April 2025 regarding development application MCU24/0151 for a Development Permit for Material Change of Use – Outdoor sport and recreation (Rowing Club) situated at Lake Macdonald Dr Lake Macdonald described as Lot 1 RP 167252 and A. Approve the application in accordance with the proposed conditions outlined in Attachment 1 with the following amendment to condition 20: 20. This development approval lapses on 17 April 2032, or within 60 days following the completion of the Seqwater Lake MacDonald Dam Improvement Project, whichever occurs earlier. The approved use must cease operating by this date and all structures, hardstand areas, fencing removed within 60 days of the cessation of operations, with the site rehabilitated by: a. Removing all weed species, including declared plants under the Biosecurity Act 2014 and sub-ordinate Regulation 2003 and the Noosa Local Government Area Pest Management Plan 2015-2019. b. Planting the disturbed areas with a species mix and density reflective of the local variation of the Regional Ecosystem and site-specific conditions. These works must be undertaken by a qualified person* and be to the reasonable satisfaction of the Manager Development Assessment. B. Find the following matters relevant to the assessment and sufficient reason to approve the application: 1. The proposal will enable an existing rowing club to continue to operate while necessary improvements are made to Lake Macdonald dam, an important water supply for south-east Queensland. 2. The proposed use is small scale, requires direct access to the lake, is temporary in nature and potential impacts on the area’s ecological and water catchment values have been minimised. C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. Carried unanimously. ORDINARY MEETING MINUTES 17 APRIL 2025 8.1. FINANCIAL PERFORMANCE REPORT – MAR 2025 That Council note the report by the Financial Services Manager to the General Committee Meeting dated 14 April 2025 outlining the March 2025 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators. Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That the report of the General Committee meeting dated 14 April 2025 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. 12. ORDINARY MEETING REPORTS Nil. 13. CONFIDENTIAL SESSION Nil. 14. NEXT MEETING The next Ordinary Meeting will be at Cooroy Memorial Hall at 23 Maple Street, Cooroy on Thursday 15 May 2025 at 5.00pm. 15. MEETING CLOSURE The meeting closed at 10:27am.
Meeting Transcript
Frank Wilkie 00:00.000
I declare the meeting open at 10am. I acknowledge that we are meeting on the traditional lands and waters of the Kabi Kabi people, pay my respects to their elders past, present and emerging, and reiterate their invitation for us to join them as joint custodians, respecting and caring for this beautiful place that we all love, respecting and caring for each other. Note that all councillors are in attendance. Confirmation of the minutes can I have a mover and second that for the minutes of the ordinary Second that for the minutes of the ordinary meeting. Jessica Phillips 00:27.908
Thank you Councillor Finzel, thank you Councillor Lorentson. All in favour? That is unanimous. There are no petitions, there are no presentations, there are no deputations. We have five submissions for public question time. The first is from Mr Brian O 'Connor. Mr O 'Connor would you like to come to the lectern, read your questions which will be answered by Acting Director Brad Chalmers. Thank you Mr O 'Connor. My question is this, as stated in 2018, so 7 years ago, and reaffirmed at least twice since, is Noosa Council still committed to a Pomona Showgrounds master plan? Larry Sengstock 01:20.304
Thank you Mr O 'Connor for your question. As following, as a follow-up to your public question in 2023, Pomona Showgrounds are a freehold land owned by Noosa Agricultural, Agricultural and Industrial Society, also known as the Noosa Show Society. As freehold land, it is therefore up to the owner, Noosa Show Society, as to if or when a master plan is developed. To that point, Council staff have met with members of the Show Society Committee on the 11th of March 2025. At this meeting, the Show Society indicated a desire to undertake a master planning process and staff will now look to assist. Frank Wilkie 02:00.736
Okay, that might make the second question superfluous. If the answer to question one is in the affirmative, why the delay and how will the commitment manifest itself and against what time? Larry Sengstock 02:12.888
Thank you for the additional question. The Show Society is an independent community organisation with its own priorities. We are happy to discuss a potential master plan with the Show Society and provide support in the development of this plan commencing over the next 12 months. Council has funding available to assist organisations to undertake planning processes like this and would work collaboratively with the Show Society on an important project. Frank Wilkie 02:37.696
Thank you Mr O 'Connor, thank you Dave. The second question, set of questions are from Debra Walz. Ms Walsh would you like to come to the lectern and read your questions please and they'll be answered by Richard MacGillivray, Director of Development and Regulation. Jessica Phillips 02:53.036
Thanks Frank, and good morning everybody. My question is in relation to the pending quotient So the pending closure of the RSPCA, which I think most of us know about by now. And just very briefly, it's been open since 1992, and the land was leased to the RSPCA Wednesday to establish a Noosa shelter and provide pound services on behalf of Noosa Council. have some just briefly over the Just briefly, over this period of time, more than 50,000 animals have been accommodated and cared for. The facilities have been added to the site. Point of order, I'm standing, so I'll ask you to cease. I don't believe the question time allows for the elongated question. It's only the question to be asked. Yes, this is a formal process. There's a formal process there. The question has submitted. Yes, in the light of the announcement of the RSPCA Queensland close, the Noosa RSPCA shelter at the Hollett Road Doonan facility, in terms of that, what arrangements has council undertaken to accommodate and manage potential surrendered and /or abused dogs or stray dogs or animals in the Noosa Shire, including any ongoing intentions to operate a pound facility? The President: Thank you, Dave. Richard MacGillivray 04:35.160
Thank you very much for that question, Deborah. Council is currently working through alternative arrangements for pound management services in light of the recent decision by RSPCA to not renew its contract RSPCA to not renew its contract with Council. We are committed to working closely with the RSPCA to ensure a smooth transition and we anticipate there will be minimal to no impact on services during this period. We look forward to announcing new arrangements for the management of lost and impounded animals. Jessica Phillips 05:06.980
Question number two. Once Council regains the premises at Hollett Road, Doonan, what is Council's intention with the use of this land, the buildings and facilities and how has Council considered securing these premises to ensure they are not left to degrade or be open to theft and vandalism similar to what we observed with the Tewantin TAFE facility? Richard MacGillivray 05:34.535
That's a different question. But anyway, until Council has finalised its new planning arrangements, it's too early to say how the site may be used in the future. However, any proposed new use of the site would need to be assessed against Council's strategic land activation policy to ensure it supports Council's strategic goals and benefits the local community. Frank Wilkie 05:54.779
Thank you, dude. And we'll just reiterate that the TAFE site is not a Council-owned facility. Next question is from Mr Trevor Walz. Mr Walz, would you like to come to the lectern and read your questions, which will also be answered by Richard MacGillivray, the Director of Development and Regulation. Trevor Walz 06:13.378
Good morning, everyone. Thank you for allowing me to address Council. Following on from Deborah. Okay. Recently, a Noosa resident was fined over $200. Sorry, Mr. Walsh. Mr. Walsh. Mr. Walsh. Frank Wilkie 06:27.398
Mr. Walsh. Could you please read your question? I'm getting to my question. Thank you. Brian Stockwell 06:34.478
Mr. Mayor, it appeared to be a deliberate defiance of the Chairman's ruling, as he kept on reading while you were trying to get his attention. I believe that's I believe that's behaviour that we have to consider whether the question should be asked. Frank Wilkie 06:48.113
Thank you. Trevor, if you could just read the question as submitted please. Okay, my question? Trevor Walz 06:55.213
Thank you. My question. In light of the current need for people to foster dogs and the potential rise in need due to the imminent closure of the Noosa RSPCA. Okay. Would council consider allowing residents to have up to three dogs on their property provided they have evidence from the RSPCA Queensland that one or more of those dogs is in temporary foster care? Okay. Would council consider allowing residents to have up to three dogs on their property provided they have evidence from the RSPCA Queensland that one or more of those dogs is in temporary foster care? Frank Wilkie 07:29.788
Thank you, Trevor. Thank you. Trevor Walz 07:31.008
Mr MacGillivray? Excuse me. Richard MacGillivray 07:36.815
Thank you, Trevor, for your question. Residents can apply to council to keep more than the prescribed number of animals through what is called an additional animal permit. The number of animals permitted per property will be assessed on criteria such as the size and location of the property and the type of animals to be kept. There is a small fee for each application which is listed in council's fees and charges schedule. Frank Wilkie 08:01.811
Richard, your next question please. Trevor Walz 08:05.371
Thank you Richard for that reply. Okay, my second question, and I'll go straight to the question. In the last financial year, the expenditure on animal control was $837,331 which included all staff and activity costs. Can Council provide a breakdown of income and expenditure for the last financial year, including all related, all funding related to animal control in the Noosa Shire? Frank Wilkie 08:40.038
Thank you Trevor. Thank you again Trevor. In the 23-24 financial year the expenditure for animal control was $837,331.13 as you've highlighted. The components of this expenditure included related employee costs and internal charges, materials and services incorporating items such as doggie bags and pound management fees and also depreciation. The revenue generated from the same period primarily relating to fees and charges for registration and other related revenue i.e. infringements was $520,296.99. Thank you Richard. Thank you Trina. The next application is from Ms. Pat Spicer. Pat would you like to read your questions and they'll be answered by Kim Rawlings, Director of Strategy and Environment. Thank you. Jessica Phillips 09:31.460
Through the chair. My name's Pat Spicer. My question: what is the council's plan if the remediation of 62 Lake Macdonald Drive, Cooroy exceeds the sum generally outlined in the report the 16th of May 2000? Kim Rawlings 09:54.680
Thank you for your question. While appreciating there are complexities in the remediation, council has assessed the site at 62 Lake Macdonald Drive, Cooroy thoroughly Thoroughly to estimate remediation costs as accurately as possible prior to works commencing. This includes remediation techniques, estimated soil depth and areas to be remediated identified in the remediation action plan as provided by the qualified consultant. From this, the soil quantities required to be removed from the site have been estimated, supervisory, operational and transport costs for this work have been assessed and rechecked. In preparing for this work, project contingency costs have been included. Project tender responses when received will further inform the final estimated project costs and the final decision regarding the next steps of the project. Jessica Phillips 10:44.232
In relation to 62 Lake Macdonald Drive, Cooroy, what grant funding options are available to Noosa Shire Council for open space through full community use, landscape and amenity, rather than tied to investigation for housing or housing or infrastructure for housing? Kim Rawlings 11:07.162
Thanks Pat. At present, Council is focusing on delivering the remediation and subdivision works for the existing project, for which federal and state grant opportunities do exist for projects that enable housing. This may allow for the remediation cost to be partially funded by grant funding. Future use of proposed lots two and three have not been fully considered at this point, as per the Council resolution of the 23rd of January 2025. will involve community consultation. Grants come up from time to time across a range of areas that enable projects to be implemented with the assistance of grant funding. Council keeps abreast of these grant programs as they arise. These are often subject any future plans to particular eligibility requirements and timeframes, and can often change when governments change. We are unaware of any eligible grant programs available at the moment for the uses outlined in the question. However, we will continue to pursue any that are relevant. Thank you, Frank Wilkie 11:58.070
Ms. Spicer. The next application is from Rhea Den Braasem. Ms. Den Braasem is not in attendance but has requested the CEO to read out the questions, which will be answered by Kim Rawlings, Director of Strategy and Environment. Larry Sengstock 12:13.910
Yes, I'm happy to read out this question, however I must reiterate that these are not my words. Why was Coast2Bay chosen through a process that lacked transparency to be... the recipient of Lot 1 of the proposed subdivision of 62 Lake Macdonald Drive, Cooroy? Kim Rawlings 12:35.521
Coast2Bay is a well-regarded local tier 1 community housing provider. Coast2Bay have been active in the Noosa community for many years. In the development of the Noosa housing strategy, community-wide consultation occurred including in Cooroy. A range of local A range of local stakeholders were invited in 2022 to form a Housing Stakeholder Housing Reference Group to assist Council with social and affordable housing solutions in Noosa. Coast2Bay has been a member of the Housing Stakeholder Housing Reference Group since it was established in 2022. A memorandum of understanding between Coast2Bay and Noosa Council was executed in 2022. It was from this long-standing relationship that the opportunity to progress housing on this site was instigated. This site was identified to be investigated for housing in the widely publicised Noosa Housing Strategy. At its ordinary meeting of the 16th of May 2024, Council approved the disposal of lot 1 under section 2.3, sorry, under section 236 of the Local Government Regulation 2012. Proposed lot 1 is being sold at market value. This decision does not prevent Council from dealing with other communities. This decision does not prevent Council from dealing with other community housing organisations for other much-needed housing solutions that may arise in the Noosa LGA. Larry Sengstock 13:43.710
Thank you. See you. Question number two. Again, I'll reiterate these are not my words. These are from one of the residents. Question number two. Again, I'll reiterate these are not my words. These are from one of the residents. Once the land, lot 1 of... at 62 Lake Macdonald Drive, Cooroy, is sold to Coast2Bay, it is unbelievable that the land can remain zoned community facilities as it no longer belongs to the community. So what exactly is the material change of use application that Coast2Bay has to submit as part of the initial DA? Jessica Phillips 14:14.220
Thank you for the question. Kim Rawlings 14:18.300
The community facilities zone, the community facilities zone is defined under State Queensland Planning Regulation 2017. For the purposes of community, the purposes of the community facilities zone is to provide for community related uses, activities and facilities whether publicly or privately owned including for example education establishments, hospitals, transport and telecommunication networks and utility installations, residential uses if all of the dwellings for the residential use other than caretakers accommodation are affordable, are an affordable housing component and on either on land associated with community activity comprised of a community care centre, place of worship or residential care facility or owned controlled and managed by an entity that carries out a community activity comprised of community care, place of worship or residential care facility. For example, residential aged care such as Kabara is included in the community facilities zone. Palm Lakes Retirement Resort is included in the community facilities zone. These properties are privately owned and accommodate people's homes. The community facilities zone relates to what land use can occur on the land rather than who owns it or who it belongs to. It can apply to both. public and private land and it does. An impact assessable material change of use application for housing is required for the Coast2Bay proposal which means the development application is publicly notified and is required to be assessed against the Noosa Plan. Frank Wilkie 15:45.832
Thank you Director Rawlings. There are no Mayoral minutes. We have no notified motions. That brings us to consideration of committee reports. First are the planning and advisory First are the Planning and Environment Committee reports. 7.1 was referred to the General Committee meeting. 8.1 is the planning applications decided by delegated authority for all the applications in February 2025.9.1 is the confidential and not for all use planning. It shall not for all use planning environment court appeal number 1998 of 2024. Application for material change of use for a childcare centre at Noosa Civic, 28 Eenie Creek Road, Noosaville. May I have a mover and a seconder for the Planning and Environment Committee recommendations as noted to be... As noted to be adopted please. So moved. Moved by Councillor Stockwell, seconded by Councillor Wegener. All in favour? That's unanimous. 11.2 a Services and Organisation Committee report, 7.1 a Sunrise Shops shop for lease renewal, 7.2 7.1 Sunrise Shops shop for lease renewal. Lease renewal. Can I just have a correction on that please? They're both not for shop 4, surely? Jessica Phillips 16:52.224
That says 1.6. Frank Wilkie 16:54.184
1.6 Shop 6. Which one is shop six? Second one, shop six? 7.2? Sorry, my notes are incorrect. Seven points. One is 7.2, Sunrise Shops, shop six, lease renewal. Yes. Can I have a mover and seconder? Can I have a mover and seconder for the services and organisation committee recommendation? Okay. Councillor Wilson, seconded by Councillor Finzel. Yes, thank you. All in favour? That's carried unanimously. Now go to the general committee reports. There was one item referred which... item referred which is the MCU 24-0151 development application for material change of use for outdoor sport and recreation rowing club at Lake Macdonald Drive. Lake Macdonald referred from the planning and environment committee dated April 2025. April 2025 item 7.1.2025 items This is an application by Seqwater to move a rowing club onto another portion of their property. Councillor Stockwell, you have a declaration. Yes, I wish to, in accordance with Chapter 5B of the Local Government Act of 2009, provide a declaration that I wish to inform in the meeting I have a declarable conflict of interest in this matter due to my privilege. work in Lake Macdonald for Seqwater. In 2019, as part of a broader consultancy project that I completed as a sole trader, I undertook a land asset classification of land owned by Seqwater around Lake Macdonald. This work was at a strategic level and assessed the parceling question as part of the broader evaluation. The project produced land capability and a suitability assessment for various land uses, including for recreational pursuits such as those that proposed in this project. In 2020, as part of the broader consultancy project, I also undertook a further assessment evaluating the suitability of the land around Lake Macdonald for a solar farm. Although I have a decarable conflict of interest, I do not believe a reasonable person should have an exception of bias because I have no dealings with Seqwater in a private capacity, consultant capacity since that time. Therefore I will choose to remain in the meeting room, however I will respect the decision of the meeting and whether I can remain and participate in the decision. I would like to move that councillor note the declarable conflict of interest by councillor Stockwell and determine that in accordance with the section of the act that's there, section 150ES of the Local Government Act 2009 and having considered the councillor's And I would like to move-- I haven't considered the councillor's conflict of interest as described. I've decided that Councillor Stockwell may participate in the notice of this matter relating to MCU 24-0151, Development Application Lot 1, RP 167252, Lake Macdonald Drive, Lake Macdonald. It's a reasonable person who would not have a perception of biases. It's a reasonable person... There's no personal gain or loss for the councillor involved. I have a seconder for that, please. Second, Councillor Wilson. Councillors, we've been through this in two rounds of meetings already. I'll put it to the vote. Anybody else wish to ask any questions or speak? I'll put it to the vote. Those in favour? That's carried unanimously, noting that Councillor Stockwell did not vote on the matter. I'd like to move that Councillor note the report by the coordinator planning to the general committee meeting date of And 14th of April 2025 regarding development application MCU240151 for development permit for material change of use outdoor sport and recreation rowing club situation awaited at Lake Macdonald Drive, Lake Macdonald described as lot 1 RP 167252. And councillors, this is the recommendation as created at the Monday's general committee meeting. May I have a seconder for that, please? Jessica Phillips 20:32.191
I'll give you a second. Frank Wilkie 20:33.411
Thank you, Councillor Finzel. I'll waive my right to speak, but I understand there may be some questions I want to be asked. Councillor. Jessica Phillips 20:42.205
Yes, please. Yes, please. Just for some clarification since the general meeting, Mr. Mayor, can I ask perhaps Richard a question just in relation to the leasing. Just Councillor. There's some miscommunication or I'd like some clarification around the applicant being Seqwater and the leaseholder and just some clarification more for people, the members and I think there's some confusion in the last sort of 10 minutes. Before the ordinary meeting I got some phone calls and some conversations. I just want to clarify if you could just explain the applicant, the leaseholder and maybe the question The question around the memberships now cut to nine members. Can you talk me through that please, just for some clarification? Richard MacGillivray 21:28.035
Yes, through the Chair. So the applicant in this particular application is Seqwater. So the process works where the applicant provides the information that they're seeking for Council to consider as part of their material. Council has considered the material that's been submitted by Seqwater. We do understand there's been some discussion between the LISI and Seqwater and possibly some miscommunication around what the future aspirations for the site may be. there is a there is an ability through the process following a decision for any applicant to submit representations to conditions made and offices have 20 business days to consider those and there is the ability at a future point in time for applicants to apply to vary conditions or propose to change make modifications to their proposal as well so our role So our role as assessment managers is to assess the material provided on behalf of the applicant and that's what has happened in this particular case. Notwithstanding that council has been in discussions with all parties in recent times to ensure that there's a clear understanding of that process and the different mechanisms that can be utilised to work through any issues Just a follow-up question there. Jessica Phillips 22:47.299
Will they be permitted to move back to the original site after the dam works or, yeah, earlier or after the date? Richard MacGillivray 23:01.419
Through the chair yes. So the Also, thank you. So the approval allows for the re-establishment back on the existing site by the date set and the proposed conditions. Frank Wilkie 23:10.454
For the follow-up question, I understand the Council received a notification of Inland Works to talk about... Richard MacGillivray 23:19.210
Through the Chair, yes, so we have received notification from Seqwater about their imminent need to commence works. Part of the reason why they're interested in ensuring this decision is made so that they can progress with their SEQ dam upgrade works as it's a large infrastructure project. As it's a large infrastructure project, which may take between three to five years to undertake, they're keen to get those works underway, so hence the need to progress to relocate the rowing club so that those works can commence. Thank you. Frank Wilkie 23:50.908
Councillor Finzel. Jessica Phillips 23:52.548
Yeah, thank you. Just for clarification then, this is an application from Seqwater, which we've established, for future use when these works is finished and this is lapsed. Who is eligible to make future applications for like a use, like if there's rowing or races or anything like that? Is that application through the rowing club or would that be again through Seqwater for that material change of use? Richard MacGillivray 24:18.735
Through the Chair. So any party can lodge a development application. There is a need to obtain landowner consent for a material change of use, so any applicant. For example, the rowing club would need to obtain landowner consent to make such an application or a change. Thank you. Frank Wilkie 24:39.778
Any other councillors wish to speak? Jessica Phillips 24:43.109
Just for clarification, that would be done through a change application or potentially a temporary permit application if they were thinking of hosting an event, for example. Richard MacGillivray 24:58.401
Through the Chair, there are ability to apply for temporary event permits, but at the same time any applicant will need to comply with the conditions of their development permit as well, so that would need to be carefully understood as well to ensure there's no conflicts with any particular permit process. permit processes, so obviously there's some restrictions placed on the current application to manage the scale and intensity as proposed by the applicant. Frank Wilkie 25:29.700
Do the councillors wish to speak to the motion? I waive my right to close. All in favour? 8.2 is the financial performance report. Now may we have a mover and a seconder for the general committee recommendations to be adopted except we're dealt with separately. So it's basically just ratifying the financial report. Thank you Councillor Lorentson. Thank you Councillor. All in favour? That's unanimous. Item 12 ordinary meeting reports. They have no reports direct to the ordinary meeting. There are no confidential items. Item 14 is the next ordinary meeting will be at the Cooroy Memorial Hall at 23 Maple Street, Cooroy. On Thursday, May 15, 2025 at 5:00pm. I declare the meeting closed at 10:27am. Thank you everybody. Jessica Phillips 26:34.393
Thank you, Mr Chair, Mr. CEO. Related Noosa Council Meetings
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