Ordinary Meeting

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 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. CLOSED 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.