Ordinary Meeting - 15 May 2025
Date: Thursday, 15 May 2025 at 5:00PM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 01:00:22
Synopsis: Noosa Springs approved; odour monitoring, Housing incentives; waivers; end sec-dwelling charges 2025, Compliance policy tightened; councillors barred, Road delays; industrial action; messaging review.
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 Kerri Contini Director Development & Regulation Richard MacGillivray Director Strategy And Environment Kim Rawlings Director Infrastructure Services Shaun Walsh
AI-Generated Meeting Insight
Key Decisions & Discussions Frank Wilkie: Confirmed Special Meeting minutes with a correction to a DMP graph provided by Brian Stockwell , ensuring accurate record (00:57–02:29; Minutes 4.2). Kerri Contini: Acknowledged misleading “has been resolved” SMS wording in customer request closures; pledged process and messaging review (03:36–05:54; Minutes 8.1 Q1). Shaun Walsh: Outlined road maintenance QA: external engineers for major works, internal crews for routine; delays due to wet weather and protected industrial action (06:13–08:07; Minutes 8.1 Q2). Kim Rawlings: Advised no community engagement for Cooroy Lots 2 & 3 within 12 months; focus on Lot 1 (Coast2Bay) and other sites first (09:02–10:41; Minutes 8.2 Q1–Q2). Kim Rawlings: Justified servicing/roadworks at 62 Lake Macdonald Dr despite pending consultation, citing future access needs regardless of end use; consultation will be shire-wide with targeted local input (11:41–12:49; Minutes 8.3 Q1–Q2). Council: Adopted incentives for social/affordable housing, incl. rate donation eligibility, DA fee waivers for affordable components, pre-lodgement fee relief, revised infrastructure charge rebates, and ceasing infrastructure charges for secondary dwellings from 1 July 2025 (11.1 Item 7.1). Council: Approved MCU21/0110 for Noosa Springs Resort Complex with conditions: pool hours limited to 6am–9pm and new real-time odour monitoring/management condition; directed scheme map refinements (19:41–24:21; 25:00–29:59; Minutes General Committee 7.1). Vote recorded: For: Wilkie, Stockwell, Wegener, Finzel; Against: Lorentson, Phillips, Wilson (43:02; Minutes General Committee 7.1). Jessica Phillips: Secured adoption of the Integrated Compliance & Enforcement Policy with clarified councillor roles, prohibiting operational involvement; added statutory anchoring to LGA 2009 and replaced “unlawful activity” with “breach” definition (44:56–59:08; Minutes General Committee 7.2). Council: Noted reports: delegated planning decisions (8.1), Capital Program status (8.1), Noosa River Recreational Boating Facilities update (7.3), Financial Performance YTD (8.1), and Environment Strategy 5‑year monitoring (8.2) (Minutes 11.1, 11.2, General Committee). Council: Awarded multi-supplier cleaning contract CN25031; CEO delegated to execute and manage extensions subject to performance (General Committee 9.1). Contentious / Transparency Matters Public Q&A (Cooroy Lots 2 & 3): Community sought local-first consultation; Council confirmed shire-wide consultation model and no near-term engagement, while proceeding with site servicing (08:26–12:49; Minutes 8.2–8.3). Service messaging: Admission that “resolved” texts did not reflect resident expectations; process review initiated to avoid misleading communications (03:36–05:54; Minutes 8.1 Q1). Noosa Springs approval: Close 4–3 vote after extensive debate on odour risks and amenity; added real-time odour monitoring condition to address community concerns (19:41–32:42; 43:02; Minutes General Committee 7.1). Industrial action disclosure: Maintenance delays linked to protected industrial action; transparency on service impacts and backlogs (06:13–08:07; Minutes 8.1 Q2). Supplier list correction: Procurement list amended to correct entity name to Lucid Software Inc., demonstrating attention to probity details (Services & Organisation 7.2). Legal / Risk Noosa Springs conditions: Council relied on expert odour assessment; added proactive monitoring and management plan to mitigate environmental nuisance risk consistent with Planning Act 2016 s45 considerations (31:10–33:33; Minutes General Committee 7.1). Condition reasonableness: Staff confirmed odour condition is “reasonable and relevant”; applicant retains right to representations against conditions (26:24–26:33; Minutes General Committee 7.1). Governance clarity: Compliance Policy now explicitly bars councillor involvement in operational enforcement decisions, aligning with Local Government Act 2009 and Code of Conduct; reduces probity and undue influence risks (44:56–52:30; Minutes General Committee 7.2). Mapping direction: Resolution to refine cadastral boundary for Tourism Accommodation Zone and Urban Area Boundary at next scheme amendment reduces ambiguity and future challenge risk (Minutes General Committee 7.1). Infrastructure charging: Decision to remove secondary dwelling charges from 1 July 2025 requires Charges Resolution update and clear comms to avoid reliance disputes (Minutes 11.1 Item 7.1 E). Industrial action impacts: Acknowledged service delivery constraints; risk of claims mitigated by transparent communication and prioritisation within budget limits (06:13–08:07; Minutes 8.1 Q2). Conflicts of Interest Brian Stockwell: Declared a declarable COI on housing incentives due to an outstanding infrastructure charge linked to a potential secondary dwelling; left room; item later carried unanimously (13:32–13:57; Minutes 11.1 Item 7.1). Jessica Phillips: Declared COI (temporary senior squad coach) on Cooroy Sports Complex Gymnastics Upgrade; Council resolved under s150ES LGA 2009 she could participate/vote as report was for noting and no personal benefit; she did not vote (15:53–17:13; Minutes 11.2 Item 8.1). Environmental Concerns Noosa Springs odour: New condition mandates real-time monitoring (e.g., hydrogen sulfide), onsite weather station, trigger alerts, and an Odour Action Management Plan; aim is proactive mitigation and traceability (19:41–29:35; Minutes General Committee 7.1). Biodiversity Overlay: Approval reduces intrusion after removal of a wing; staff/Crs noted offset planting and improved connectivity to high-value conservation areas (38:24–43:02; Minutes General Committee 7.1). Amenity safeguards: Pool hours restricted to 6am–9pm to limit noise impacts on neighbours and guests (Amendment No.1; Minutes General Committee 7.1). Environment Strategy: Five-year implementation progress noted; mid-term review recommended at halfway point of 10-year plan (Minutes 8.2). Planning Scheme & Zoning Changes Scheme maps: Direction to amend Tourism Accommodation Zone boundary and Urban Area Boundary at next Noosa Plan amendment to match approved plans at 61 Noosa Springs Dr (Minutes General Committee 7.1 B). Affordable housing incentives: Policy to waive MCU DA fees for affordable rental components; pre-lodgement fee support for CHPs/others; updated Infrastructure Charges Rebates for eligible community orgs (Minutes 11.1 Item 7.1 A–D). Secondary dwellings: Charges Resolution to remove references and cease issuing charge notices from 1 July 2025, supporting gentle density and affordability (Minutes 11.1 Item 7.1 E). Noosa River Recreational Boating Facilities Council: Noted update on recreational boating facilities; no resolution changes recorded, implying status tracking rather than new commitments (Minutes Services & Organisation 8.2; General Committee 7.3). Procurement & Capital Program Supplier list: Adopted amendments to Specialised Supplier List; corrected name to Lucid Software Inc. (Services & Organisation 7.2). Capital delivery: Noted 2024/25 program status as at 31 March 2025; debate limited due to COI procedures and report-for-noting posture (17:11–17:13; Minutes 11.2 Item 8.1). Cleaning contracts: Awarded CN25031 to multiple suppliers across separable portions; CEO delegated to negotiate and extend subject to performance (General Committee 9.1).
Official Meeting Minutes
MINUTES Ordinary Meeting Thursday, 15 May 2025 5:00 PM Cooroy Memorial Hall, 23 Maple Street Cooroy. Cr Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom Wegener, Nicola Wilson “Noosa Shire – different by nature” ORDINARY MEETING MINUTES 15 MAY 2025 1. DECLARATION OF OPENING The meeting was declared open at 5.01pm. 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 Director Community Services Kerri Contini Director Development & Regulation Richard MacGillivray Director Strategy and Environment Kim Rawlings Director Infrastructure Services Shaun Walsh APOLOGIES Nil 4. CONFIRMATION OF MINUTES 4.1. ORDINARY MEETING MINUTES DATED 17 APRIL 2025 Committee Resolution Moved: Cr Karen Finzel Seconded: Cr Amelia Lorentson The Minutes of the Ordinary Meeting held on 17 April 2025 be received and confirmed. Carried unanimously. ORDINARY MEETING MINUTES 15 MAY 2025 4.2. SPECIAL MEETING MINUTES DATED 8 MAY 2025 The following material was presented to the meeting in relation to this item: Attachment 1 to the Ordinary Meeting dated 15 May 2025 - Updated Page 1 of Attachment 2 to Special Meeting 8 May 2025 DMP Where we Roam provided by Cr Stockwell. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel That the Minutes of the Special Meeting held on 8 May be received and confirmed, with the following amendment: A. That it be noted that there was an error in the graph presented in “2025-05-08 Attachment 2 to Special Meeting - DMP Where we Roam - provided by Cr Stockwell” and 1. That a note be added to the Minutes of the Special Meeting dated 8 May 2025 that acknowledges this error; and 2. Provide the correct information as presented at the Ordinary Meeting dated 15 May - refer Attachment 1 to the Ordinary Meeting dated 15 May 2025 Updated Page 1 of Attachment 2 to Special Meeting 8 May 2025 DMP Where we Roam - provided by Cr Stockwell. Carried unanimously. 5. PETITIONS Nil. 6. PRESENTATIONS Nil. 7. DEPUTATIONS Nil. 8. PUBLIC QUESTION TIME 8.1. JULIANE VOGLER QUESTION 1 Could you please explain the meaning of the text message "has been resolved" in your work request procedure regarding the completion of the requested task, when the request has not actually been completed? RESPONSE PROVIDED BY KERRI CONTINI, DIRECTOR COMMUNITY SERVICES Thank-you Ms Vogler for your question about Council’s customer request messaging. I am responding as the director responsible for Council’s Customer Experience. Council operates a customer request system which creates a record when customers lodge a request for investigation and this then produces work orders for the staff to action. Our records show that you submitted two Customer Requests numbered RM2024/00202 and RM2024/00219 in January 2024 about issues with debris and trees blocking water flows on Upper Pinbarren Rd. Council ORDINARY MEETING MINUTES 15 MAY 2025 staff did attend the site in response to your requests and conducted works to clean the front of the pipes and remove debris. After this was complete, the staff signed off on the system work order as complete because they had cleared the debris and the water was now flowing freely. The system then automatically sent you text messages advising that the requests “had been resolved” as the staff had actioned the task and completed the work that they saw necessary at the time. You submitted further requests three weeks ago (RM2025/09299 and RM2025/00304) regarding the fallen tree. Staff have attended the site and agreed that the fallen tree is detouring water onto the road and should be considered for removal. Due to current work backlogs this has not progressed further. I acknowledge that you only received text communications in 2024 and that these messages would have been confusing and frustrating as they did not reference the tree across the waterway and indicated the matter had been resolved when it had not been from your perspective. We are reviewing our processes when responding to customer requests including improving communication with customers and ensuring system messages are meaningful. Your feedback has been helpful and I have provided it to the team doing this review. QUESTION 2 How does Noosa Council's quality control system regarding road maintenance/road repair including external companies/contractors work? RESPONSE PROVIDED BY SHAUN WALSH, DIRECTOR INFRASTRUCTURE SERVICES Thankyou for your question. Upper Pinbarren Creek Road is an unsealed road of over 5kms length with multiple waterway crossings, noting Noosa Shire has approximately 200kms of unsealed road across the Shire. Over the last 3 years Noosa Shire has had significant rainfall across the shire that has caused road infrastructure failures in over 20 locations, and the weather has proven to be very problematic in term of ongoing drainage issues and road failures. The Upper Pinbarren Creek catchment is particularly volatile from flashing flooding and road damage due to steep hills and multiple waterway crossings. In terms of quality control for major repair works, such as the landslide repair work recently undertaken on the road, this work is overseen by external contracted engineers with expertise in landslides and road reconstruction. Review of the work adequacy is also assessed by Council's own engineers to ensure satisfactory outcomes. In terms of quality control for routine road surface maintenance and drainage clearing work, this work is undertaken by Council internal crews, overseen by Council's own engineers to ensure satisfactory outcomes. It is acknowledged that Council has a back log of maintenance requests on our unsealed roads and associated drains, arising from ongoing wet weather and damage, including Upper Pinbarren Creek Road. This has been compounded in recent weeks with protected industrial action by Council's outside workforce halting maintenance works. Council will attend to outstanding road maintenance and drainage tasks on Upper Pinbarren Creek Road as soon as possible, but within the constraints of available staff and maintenance budgets. Council appreciates all residents’ patience arising from ongoing poor weather and recent industrial action impacting maintenance delivery across the Shire. 8.2. PAT SPICER QUESTION 1 The overall emphasis in this question is seeking transparency, understanding details and ensuring community’s needs and concerns are properly addressed in the council decision making process, so what are council’s plans for the community consultation for future uses of Lots 2 and 3 of the subdivision at 62 ORDINARY MEETING MINUTES 15 MAY 2025 Lake Macdonald Drive, Cooroy? RESPONSE PROVIDED BY KIM RAWLINGS, DIRECTOR STRATEGY & ENVIRONMENT No Community Engagement and Communications plan has been prepared as yet for consideration of proposed Lots 2 and 3, as Council is focussed on current project priorities and focussed on Lot 1. Council is also looking at Council owned carpark sites in Tewantin and Noosa Heads and will do this prior to considering Lots 2 and 3 at Cooroy. With resources and priorities focussed on other projects, consultation on future lots 2 and 3 is unlikely to formally begin in the next 12 months. QUESTION 2 When will council organise the community meeting on future uses of Lot 2 and 3 Lake Macdonald Drive, Cooroy considering the community could vote for no further housing and assuming the council does intend to take that possible outcome into consideration and honour the resident’s wishes as there could be a huge saving to subdivision costs if the lots are not made fully housing ready as is the current plan in the subdivision works? RESPONSE PROVIDED BY KIM RAWLINGS, DIRECTOR STRATEGY & ENVIRONMENT Council has resolved to remediate the whole site and to facilitate the development of Lot 1 by Coast2Bay Housing. Coast2Bay have time commitments for the delivery of Community Housing on Lot 1 in order to meet the conditions of their capital grant. There is no fixed timing for further investigations of proposed Lots 2 & 3 and Council intends to investigate other sites in Tewantin and Noosa Heads this year, prior to considering Lots 2 and 3 in Cooroy. Operational works including the internal road will assist with the traffic and access during the construction of the residential units on Lot 1, so as to mitigate impacts on Lake Macdonald Drive and surrounding neighbours. When the time comes there will be a range of communications methods used to share information and garner the views of the Noosa Shire community, catering to both face to face discussions and online participation. 8.3. WENDY SCOTT QUESTION 1 Council committed to consulting the community regarding the preferred use of Lots 2 and 3 at 62 Lake Macdonald Drive, Cooroy, with the understanding that the outcome may not involve further housing development. Given that this consultation has not yet taken place, why is Council proposing to invest hundreds of thousands of dollars in constructing a road and installing utilities to support housing on these lots? RESPONSE PROVIDED BY KIM RAWLINGS, DIRECTOR STRATEGY & ENVIRONMENT While no decision has been made about the future use of proposed Lots 2 and 3, any future use would likely be for some purpose for which people will be accessing the land, in higher numbers than they currently do. Whether people live there, work there or recreate there in the future, Council has decided to remediate and service the site. QUESTION 2 Does the Council’s definition of 'community consultation' refer specifically to consultation with the Cooroy community, where the land in question is located? RESPONSE PROVIDED BY KIM RAWLINGS, DIRECTOR STRATEGY & ORDINARY MEETING MINUTES 15 MAY 2025 ENVIRONMENT Prior to the development of Lots 2 & 3 or even the commitment of their future use, Council will consult with the whole of its community. This would include targeted consultation with the adjoining residents and the immediate Cooroy neighbourhood, however it will also take into account the whole Shire and the needs of the Noosa Shire community. When the time comes there will be a range of communications methods used to share information and garner the views of the community. 9. MAYORAL MINUTES Nil. 10. NOTIFIED MOTIONS 10.1. AUDIT AND EXPLORE OPTIONS TO REDUCE THE USE OF SINGLE-USE PLASTICS IN COUNCIL OPERATIONS Cr Lorentson withdrew the Notice of Motion. 11. CONSIDERATION OF COMMITTEE REPORTS 11.1. PLANNING & ENVIRONMENT COMMITTEE REPORT - 6 MAY 2025 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Amelia Lorentson (Chair) Cr Brian Stockwell Cr Tom Wegener Cr Frank Wilkie NON COMMITTEE MEMBERS Cr Karen Finzel (via Microsoft Teams) EXECUTIVE Chief Executive Officer Larry Sengstock Director Strategy and Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Director Infrastructure Services Shaun Walsh Acting Director Corporate Services Margaret Gatt APOLOGIES Nil. ORDINARY MEETING MINUTES 15 MAY 2025 COMMITTEE RECOMMENDATIONS TO COUNCIL 7.1. HOUSING STRATEGY - FINANCIAL INCENTIVES FOR SOCIAL AND AFFORDABLE HOUSING 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 as I am currently constructing a dwelling house and have been issued with an Infrastructure Charges Notice, as a component of the structure has been deemed to be capable of being used as a secondary dwelling. As this payment is outstanding, awaiting an imminent final inspection, it may be perceived that I have a potential bias. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. Cr Stockwell left the meeting. Council Resolution Moved: Cr Tom Wegener Seconded: Cr Nicola Wilson That Council note the report by the Principal Strategic Planner to the Planning & Environment Committee Meeting dated 6 May 2025 regarding financial incentives for development of social and affordable housing, and A. At Council's next review, clarify in the General Rate Donation Policy that notfor-profit organisations providing crisis or emergency transitional housing or affordable rental premises are eligible to apply for up to 100% donation on general rates on such accommodation; B. For private residential developments that include a component of affordable rental premises, waive the development application fee for Material Change of Use applications for the component of affordable rental premises as defined in the proposed amendments to Noosa Plan 2020; C. Waive the pre-lodgement meeting administration fee for not-for-profit community housing providers and allow for reimbursement of up to 50% of the pre-lodgement administrative fee where other applicants proceed to formally apply for a development permit for a proposal including affordable rental premises; D. Adopt the revised Council Policy on Infrastructure Charges Rebates for Eligible Community Organisations provided as Attachment 1; E. Remove reference to secondary dwellings from Council's Charges Resolution and cease issuing charge notices for secondary dwellings from 1 July 2025; and F. Prepare explanatory material which will guide applications on the changes outlined in recommendations A-E above. Carried unanimously. Cr Stockwell returned to the meeting. 7.2. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - RESORT COMPLEX AND ANICILLARY BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, AND CLUB (MINOR EXTENSION TO EXISTING CLUBHOUSE) AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS That Planning & Environment Committee Agenda Item 7.2 be referred to the General Committee due to the significance of the issue. ORDINARY MEETING MINUTES 15 MAY 2025 8.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MARCH 2025 That Council note the report by the Development Assessment Manager to the Planning and Environment Committee Meeting dated 6 May 2025 regarding applications that have been decided by delegated authority for March 2025 as per Attachment 1 to the Report. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That the report of the Planning and Environment Committee meeting dated 6 May 2025 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. 11.2. SERVICES & ORGANISATION COMMITTEE REPORT - 6 MAY 2025 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Karen Finzel (Chair) Cr Frank Wilkie Cr Jessica Phillips Cr Nicola Wilson NON-COMMITTEE MEMBERS Cr Tom Wegener (for Item 7.1) Cr Amelia Lorentson (for Item 7.1) EXECUTIVE Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Acting Director Corporate Services Margaret Gatt Director Infrastructure Services Shaun Walsh APOLOGIES Nil. COMMITTEE RECOMMENDATIONS TO COUNCIL 7.1. INTEGRATED COMPLIANCE & ENFORCEMENT POLICY That Services & Organisation Committee Agenda Item 7.1 be referred to the General Committee due to the significance of the issue. 7.2. NOOSA SHIRE COUNCIL SOLE AND SPECIALISED LISTS That Council note the report by the Procurement & Contracts Advisor to the Services & Organisation Committee Meeting dated 6 May 2025 and adopt the amendments to the Specialised Supplier List with a change to the name in the table in the Report in Row 2 from Lucid Inc to Lucid Software Inc. for the remaining term of the list’s validity period, being until 16 October 2025. ORDINARY MEETING MINUTES 15 MAY 2025 8.1. CAPITAL PROGRAM 2024/2025 DELIVERY STATUS In accordance with Chapter 5B of the Local Government Act 2009, Cr Phillips provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Phillips, inform the meeting that I have a declarable conflict of interest in this matter in relation to Cooroy Sports Complex Gymnastics Upgrade and upcoming tender mentioned in the Capital Program Delivery Status Report, as I am the senior squad Coach of the Club in a temporary capacity. As per previous declarations, although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I do not stand to receive a personal benefit or loss in relation to this matter. 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 Brian Stockwell Seconded: Cr Amelia Lorentson That Council note the declarable conflict of interest by Cr Phillips 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 Phillips may participate and vote on this matter in relation to the Cooroy Sports Complex Gymnastics Upgrade mentioned in the Capital Program Delivery Status Report which is only a report for noting, as Cr Phillips does not stand to receive a personal benefit or loss in relation to this matter. Carried unanimously. Cr Phillips having declared a conflict of interest was not eligible to vote. Council Resolution Moved: Cr Karen Finzel Seconded: Cr Amelia Lorentson That Council note the report by the Director Infrastructure Services to the Services & Organisation Committee Meeting, 6 May 2025, providing an update on the delivery of the 2024/25 Capital Works Program as at 31 March 2025. Carried unanimously. 8.2. NOOSA RIVER RECREATIONAL BOATING FACILITIES - UPDATE That Services & Organisation Committee Agenda Item 8.2 be referred to the General Committee due to the significance of the issue. Council Resolution Moved: Cr Nicola Wilson Seconded: Cr Jessica Phillips That the report of the Services and Organisation Committee meeting dated 6 May 2025 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously? ORDINARY MEETING MINUTES 15 MAY 2025 1 GENERAL COMMITTEE MEETING REPORT - 12 MAY 2025 1. 3. ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Brian Stockwell (Chair) Cr Karen Finzel Cr Amelia Lorentson Cr Jessica Phillips Cr Tom Wegener Cr Frank Wilkie Cr Nicola Wilson EXECUTIVE Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Strategy and Environment Kim Rawlings Director Infrastructure Services Shaun Walsh APOLOGIES Nil. COMMITTEE RECOMMENDATIONS TO COUNCIL 7.1. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - RESORT COMPLEX AND ANICILLARY BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, AND CLUB (MINOR EXTENSION TO EXISTING CLUBHOUSE) AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS (REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE DATED 6 MAY 2025) The following material was presented to the meeting in relation to this item: - Attachment 2 to the Ordinary Meeting dated 15 May 2025 - new condition - Noosa Springs Odour Monitoring Motion Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That Council note the Further Report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 6 May 2025 regarding Application No. MCU21/0110 for a Development Permit for a Material Change of Use – Resort Complex and ancillary Bar, Food and Drink Outlet, Outdoor Sport and Recreation and Club (minor extension to existing clubhouse) at 61 Noosa Springs Drive, Noosa Heads and: A. Approve the application subject to conditions in accordance with Attachment 1. B. The Zoning and 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 plans. ORDINARY MEETING MINUTES 15 MAY 2025 Amendment No. 1 Moved: Cr Nicola Wilson Seconded: Cr Jessica Phillips That Item A be amended to read: Approve the application subject to conditions in accordance with Attachment 1, with an amendment to Condition 11 to read: "11. Use by guests and visitors of the swimming pools is limited to the time period 6am to 12am 9pm only." Carried unanimously. Amendment No. 2 Moved: Cr Jessica Phillips Seconded: Cr Karen Finzel That Item A, include the following addition: Include new condition to be inserted as Condition 14, and subsequently renumber the existing conditions to follow. The new condition is provided in Attachment 2 to the Ordinary Meeting dated 15 May 2025 - new condition - Noosa Springs Odour Monitoring. Carried unanimously. Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That Council note the Further Report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 6 May 2025 regarding Application No. MCU21/0110 for a Development Permit for a Material Change of Use – Resort Complex and ancillary Bar, Food and Drink Outlet, Outdoor Sport and Recreation and Club (minor extension to existing clubhouse) at 61 Noosa Springs Drive, Noosa Heads and: A. Approve the application subject to conditions in accordance with Attachment 1, with 1. An amendment to Condition 11 to read: "11. Use by guests and visitors of the swimming pools is limited to the time period 6am to 9pm only."; and 2. Include new condition to be inserted as Condition 14, and subsequently renumber the existing conditions to follow. The new condition is provided in Attachment 2 to the Ordinary Meeting dated 15 May 2025 - new condition - Noosa Springs Odour Monitoring. B. The Zoning and 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 plans. For: Crs Wilkie, Stockwell, Wegener and Finzel Against: Crs Lorentson, Phillips and Wilson Carried. ORDINARY MEETING MINUTES 15 MAY 2025 7.2. INTEGRATED COMPLIANCE & ENFORCEMENT POLICY (REFERRED FROM SERVICES & ORGANISATION COMMITTEE DATED 6 MAY 2025) Motion Moved: Cr Frank Wilkie Seconded: Cr Karen Finzel That Council A. Note the report by the Business Improvement & Integration Officer to the Services & Organisation Committee Meeting dated 6 May 2025, and B. Adopt the Integrated Compliance and Enforcement Policy as outlined in Attachment 1 Amendment No. 1 Moved: Cr Jessica Phillips Seconded: Cr Amelia Lorentson That item B, 1, be added to read: 1. That the wording in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" be amended to read: "ROLES AND RESPONSIBILITIES Councillors Review and adopt Council’s Integrated Compliance and Enforcement Policy. Maintain procedural fairness and protect the rights of individuals and the integrity of the process. Councillors must not involve themselves in negotiating and resolving outcomes with aggrieved parties nor advocating on behalf of or representing parties. Councillors can assist constituents in raising concerns relating to compliance and enforcement by referring them to the appropriate functional area. 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. 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, issuance 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 legislative requirements and operational procedures. This separation ensures procedural fairness, protects the integrity of compliance processes, and upholds the principles of good governance. " Carried unanimously. Amendment No. 2 Moved: Cr Brian Stockwell That the wording below be reinstated in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" : "Maintain procedural fairness and protect the rights of individuals and the integrity of the process. Councillors must not be involved in negotiating and resolving outcomes with aggrieved parties nor advocating on behalf of or representing parties. Councillors can assist constituents in raising concerns relating to compliance and enforcement by referring them to the appropriate functional area." and Add words in red below, after paragraph 2, as follows: However, 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, issuance of penalty infringement ORDINARY MEETING MINUTES 15 MAY 2025 notices, enforcement orders, remedial actions, or prosecution decisions. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures. Notwithstanding this, Councillors can consider legal and prosecution matters as reported by staff through the established council meeting processes." The Amendment No. 2 lapsed for want of a seconder. Amendment No. 3 Moved: Cr Jessica Phillips Seconded: Cr Amelia Lorentson That the wording in B,1 be amended to read: 1. That the wording in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" be amended to read: "ROLES AND RESPONSIBILITIES Councillors Review and adopt Council’s Integrated Compliance and Enforcement Policy. Councillors may actively support and promote voluntary compliance through advocacy,education and community engagement by This includes encouraging an understanding of relevant laws and regulations. and fostering cooperative relationships between the council and the community. Councillors can assist constituents in raising concerns relating to compliance and enforcement matters by referring them to the appropriate functional area. Councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s endorsed adopted Governance Framework. This includes (but is not limited to) participation in investigations, and/or advocating or taking over the matter on behalf of the applicant relating to the issuance 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 legislative requirements and operational procedures. This separation ensures procedural fairness, protects the integrity of compliance processes, and upholds the principles of good governance. Notwithstanding this, Councillors can consider formal legal and prosecution matters as reported by staff through the established council meeting processes." Carried unanimously. Amendment No. 4 Moved: Cr Nicola Wilson Seconded: Cr Karen Finzel That the wording below be inserted in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" after the current wording: "Councillors roles are defined in the Local Government Act 2009 and the Code of Conduct for Councillors in Queensland. The definitions of roles and responsibilities in this policy are consistent with the Act." Carried unanimously. Amendment No. 5 Moved: Cr Jessica Phillips Seconded: Cr Amelia Lorentson That item B 2 be added to read: 2. Remove the definition of “unlawful activity” from the draft policy provided at Attachment 1 and replace with the definition of “breach” which is defined as: ORDINARY MEETING MINUTES 15 MAY 2025 Carried unanimously. Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Karen Finzel That Council A. Note the report by the Business Improvement & Integration Officer to the Services & Organisation Committee Meeting dated 6 May 2025, and B. Adopt the Integrated Compliance and Enforcement Policy as outlined in Attachment 1; with the following amendments: 1. That the wording in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" be amended to read: "ROLES AND RESPONSIBILITIES Councillors Review and adopt Council’s Integrated Compliance and Enforcement Policy. Councillors may actively support and promote voluntary compliance through education, and community engagement by encouraging an understanding of relevant laws and regulations. Councillors can assist constituents in raising concerns relating to compliance and enforcement matters by referring them to the appropriate functional area. Councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s adopted Governance Framework. This includes (but is not limited to) participation in investigations, and/or advocating or taking over the matter on behalf of the applicant relating to the issuance 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 legislative requirements and operational procedures.Notwithstanding this, Councillors can consider formal legal and prosecution matters as reported by staff through the established council meeting processes." Councillors roles are defined in the Local Government Act 2009 and the Code of Conduct for Councillors in Queensland. The definitions of roles and responsibilities in this policy are consistent with the Act." and 2. Remove the definition of “unlawful activity” from the draft policy provided at Attachment 1 and replace with the definition of “breach” which is defined as: ORDINARY MEETING MINUTES 15 MAY 2025 Carried unanimously. 7.3. NOOSA RIVER RECREATIONAL BOATING FACILITIES - UPDATE (REFERRED FROM SERVICES & ORGANISATION COMMITTEE DATED 6 MAY 2025) That Council note the report by the Director Infrastructure Services to the Services & Organisation Committee dated 6 May 2025 regarding Noosa River Recreational Boating Facilities. 8.1. FINANCIAL PERFORMANCE REPORT – APRIL 2025 That Council note the report by the Financial Services Manager to the General Committee Meeting dated 12 May 2025 outlining the April 2025 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators. 8.2. NOOSA ENVIRONMENT STRATEGY IMPLEMENTATION PLAN 5-YEAR MONITORING REPORT That Council note the report by the Environmental Services Manager to the General Committee Meeting dated 12 May 2025 regarding the Noosa Environment Strategy Implementation Plan for the 2023/24 Financial Year, and A. Note the progress against the targets and strategies in the Environment Strategy and the implementation actions in the Noosa Environment Strategy Implementation Plan for the 2023/24 FY; and B. Note the recommendations for the mid-term review and update of the Environment Strategy, at this halfway point into its 10-year implementation. 9.1. CONFIDENTIAL - NOT FOR PUBLIC RELEASE - CONTRACT NO: CN25031 - PROVISION OF CLEANING SERVICES FOR ADMINISTRATION BUILDINGS, LIBRARIES AND OTHER FACILITIES. That Council note the report by the Building & Facilities Coordinator (Acting) to the General Committee Meeting dated 12 May 2025 and: A. Award Contract No. CN25031 for Provision of Cleaning Services for Administration Buildings, Libraries and Facilities under a schedule of rates contract, for an initial term of two (2) years commencing 30 June 2025 and expiring on 27 June 2027, to the following contractors: 1. CMBM Facility Services Pty Ltd for Separable Portions A and B; 2. Ecovist Pty Ltd ATF R & R McKindlay Trust t/as Ecovia for Separable Portions C, D and F; and 3. David Gillman for Separable Portions E and G. B. Delegate to the Chief Executive Officer the power to negotiate, finalise, execute and administer the Contract on behalf of Council and, subject to satisfactory performance of the suppliers, approve the options to extend the contract at the expiry of initial term for a further two (2) periods of up to 24 months each. ORDINARY MEETING MINUTES 15 MAY 2025 Council Resolution Moved: Cr Karen Finzel Seconded: Cr Amelia Lorentson That the report of the General Committee meeting dated 12 May 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 held at Council Chambers, 9 Pelican St, Tewantin on Thursday 19 June 2025 at 10.00am. 15. MEETING CLOSURE The meeting closed at 6.01pm.
Meeting Transcript
Frank Wilkie 00:00.000
On the 15th of May, I declare the meeting open at 5pm and thank you everybody for turning out. I'd like to begin by acknowledging the traditional custodians of the land in which we're meeting, which is the Kabi Kabi people, pay my respects to all those past, present and emerging. And reiterate their invitation for us as joint custodians joining with them and respecting and caring for this place we all love and respecting and caring for each other. I note that all councillors are in attendance. The first item is confirmation of the minutes. May I have a mover and a seconder for the the minutes of the ordinary meeting on the 17th of April. Thank you, Councillor Finzel. Councillor Lorentson. Thank you. All in favour? All in favour? That's carried unanimously. Can I have a mover and a seconder for the minutes of the special meeting held on 8th of May 2025? We'll need to move it first. I'll move it as part of the motion. Okay. Okay. Councillor Stockwell? I will move to where I agree.
Brian Stockwell 01:06.540
I'm going to move it slightly because the minutes of the special meeting held on 8th of May... The meeting held on 8th of May, we received it confirmed with the following amendment. That 8th, that if you go to the area the draft was in, 2035, that's how far, that's the way it's at. And 2nd, it's going to be the DMP where you're going to be provided by... Where are we going? Provided by: Noosa, Tewantin, Cooroy, Doonan, Kabi Kabi, Councillor.
Frank Wilkie 01:30.924
Where are we going? Provided by: Noosa, Tewantin, Cooroy, Doonan, Kerri Contini, Richard MacGillivray, Kim Rawlings, Shaun Walsh. Where are we going? Provided by: Noosa, Tewantin, Cooroy, Doonan, Kerri Contini, Richard MacGillivray, Kim Rawlings, Shaun Walsh. Where are we going? Provided by: Noosa, Tewantin, Cooroy, Doonan, Kerri Contini, Richard MacGillivray, Kim Rawlings, Shaun Walsh. Where are we going? Provided by: Noosa, Tewantin, Cooroy, Doonan, Kerri Contini, Richard MacGillivray, Kim Rawlings, Shaun Walsh. Where are we going? Provided by: Noosa, Tewantin, Cooroy, Doonan, Kerri Contini, Richard MacGillivray, Kim Rawlings, Shaun Walsh.
Brian Stockwell 02:02.142
I did explain that I did identify the error after the meeting and had circulated by the councillors. The graph used was the incorrect one. While the rankings between the various options were the same, there were slight differences in percentage. Both of the do nothing options and the transformational options were both 6% higher, so nothing that I said was leading anyone to the wrong conclusions, but it's important to have the right information on record.
Frank Wilkie 02:29.620
Thank you, Councillor Stockwell. Any further discussion? We'll put the motion to those in favour. That's carried unanimously. There are no presentations, there are no deputations. We have three submissions to the public question time. The first are questions from Ms Julianne Vogler. Ms Vogler, would you like to come to the lectern and read your questions, which will be answered by Kerri Contini, Director of Community Services, and Shaun Walsh, Director of Infrastructure Services. Thank you, Ms Vogler.
Jessica Phillips 03:02.744
Good day, my name's Jen, you're going to have to rest a bit, I'll come up to you in a minute, keep it going.
SPEAKER_08 03:08.604
So the way I'm saying it, I'm going to do it like this. Just the question, thank you. Only question? Just the question. Okay.
Jessica Phillips 03:17.232
Could you please explain the meaning of the text message "has been resolved" in your work request procedure regarding the completion of the requested task when the request has not actually been completed?
Kerri Contini 03:36.560
Thank you, Ms Vogel, for your question about councillors' customer request messaging. One response was on the directive for our councillors' customer experiences. Council operates a customer request system which creates a record and customers lodge a request for investigation and this then produces what we call work orders for the staff to action. Our records show that we submitted two customer requests, number RM2024202 and RM2024219 in January 2024 about issues with debris and trees blocking water flows on up up the Barrow Road. Council staff did attend the site in response to your request and conducted works to clean the front of the pipes and remove debris. After this was complete staff signed off on the system work as complete because they had cleared debris and the water was now flowing freely. The system then automatically sent you text messages advising that the requests had been resolved as the staff had actioned the task and completed the work that they saw necessary at the time. You submitted further requests three weeks ago, RM20-25-9-2-9-9 and RM20-25-304 regarding the fallen tree. Staff have attended the site and agreed that the fallen tree is detouring water onto the road and should be considered fall removable. Due to current work backlogs, this has not progressed further. I acknowledge that you only received text communications in 2024 and that these text messages could have been confusing and frustrating as they did not reference the tree across the roadway and indicated the matter had been resolved when it had not been from your perspective. We are reviewing our processes when responding to customer requests, including improving communication with customers. Including improving communication with customers and ensuring system messages are moving forward. Your feedback has been helpful and I have provided it to the team where we live.
Frank Wilkie 05:54.276
Thank you, Director Contini. Question two please, Ms Vogler.
Juliane Vogler 06:02.036
How is Noosa Council of Collective Empowers going to do regarding road maintenance and road repair?
Shaun Walsh 06:15.296
Thank you for your question. Upper Pinbarren Creek Road is an unsealed road of over 500 kilometres length with multiple waterway crossings. Noosa Shire has approximately 200 kilometres of unsealed roads across the Shire. Over the last three Over the last three years, Noosa Shire has had significant rainfall across the Shire and has caused road infrastructure failures in over 20 locations. And weather has proven to be very problematic in terms of ongoing drainage issues and road failures. The Upper Pinbarren Creek catchment is particularly volatile from flash flooding and road damage due to steep hills and multiple waterway crossings. In terms of quality control for major repair works, such as the landslide repair work recently undertaken on the road, this work is overseen by external contracted engineers with expertise in landslides and road reconstruction. Review of the work adequacy is also assessed by Council's own engineers to ensure satisfactory outcomes. In terms of the quality control for routine road surface maintenance and drainage clearing work, this work is undertaken by Council internal crews, overseen by Council own engineers to ensure satisfactory outcomes. It is acknowledged that Council has a backlog of maintenance requests on our unsealed roads. Workforce: Halting Maintenance Works. Council will attend to outstanding maintenance and drainage tasks on Upper Pinbarra Creek Road as soon as possible but within the constraints of available staff and maintenance budgets. Council appreciates all residents patience arising from the ongoing poor weather and the recent And the recent industrial action impacting maintenance to the grid across the Shire.
Frank Wilkie 08:07.308
Thank you, Ms. Walker. The next questions are from Ms. Pat Spicer. Ms. Spicer, would you like to come to the lectern and read your questions, which will be answered by Kim Rawlings, Director of Strategy.
Pat Spicer 08:26.680
The article focuses in this question is in seeking transparency, understanding details, and ensuring communities' needs and concerns are properly addressed in the Council's decision-making process. So what are Council's plans for the community consultation for future uses of Block 2 and 3 of the subdivision? 2 and 3 of the subdivision and 62 Lake Macdonald Drive. Director Rawlings.
Nicola Wilson 08:58.436
Hello Matt, thank you for your question. At this stage... At this stage no community engagement in our communications plan has been prepared as yet for consideration of closed lots 2 and 3. As council has focused on current project roads and focused on block 1. Council has also... Council is also looking at council owned car park sites in Tewantin and Noosa Heads and will do this prior to considering lots 2 and 3 in Cooroy. With resources and priorities focused on other projects, consultation on future lots 2 and 3 is unlikely to begin formally in the next 12 months. Thank you. Second question please.
SPEAKER_08 09:38.328
When my council organised a community meeting on future uses of lots 2 and 3 in Lake Macdonald Park in Cooroy, considering the community could vote for no further housing, and assuming the council does intend to take that possible outcome, into consideration and honour the residents' wishes, as they could do a huge saving to subdivision costs if the lots are not made fully ready for housing, as is the current plan for subdivision buildings. I don't have that question, but the answer is the same.
Nicola Wilson 10:19.400
Council is currently not planning to undertake consultation. There are no formal plans for community consultation on lots two and three at this stage, due to a focus on lot one. When it does occur, we'll be notified, but it's unlikely to be in the next 12 months, given other project priorities. Yes, that's correct.
Frank Wilkie 10:46.559
Thanks, Pat. Thank you, Ms Spicer. The next questions are from Wendy Scott, but Ms. Scott is not in attendance, but has requested that Pat Spice read her questions, which will again be answered by Kim Rawlings, Director of Strategy and Environment.
Pat Spicer 11:08.030
The question was: Council permitted to consult in the community regarding the preferred use of lots 2 and 3 at 62 Lake Macdonald Drive, Cooroy, with the understanding that the outcome may well involve further housing development. Given that this consultation has not yet taken place, why is Council proposing to invest hundreds of thousands of dollars in constructing a... of dollars in constructing a road and installing utilities to support housing on these lands?
Nicola Wilson 11:41.856
Thanks for the question on behalf of the meeting. While no decision has been made about the future use of proposed lots 2 and 3, any future use would likely be for some purpose for which people would be needing to access the land in higher numbers than they currently do.
SPEAKER_08 11:57.859
Whether people live there, work there or recreate there in the future.
Nicola Wilson 12:02.599
Council has therefore decided to remediate and service the whole site.
Pat Spicer 12:09.459
Does the Council's definition of community consultation refer specifically to consultation with the Cooroy community where the land in question is located?
Nicola Wilson 12:24.394
Prior to any development of lots two and three or even a commitment to their future use, Council will consult with the whole of its community. This would include targeted consultation with the adjoining residents and the immediate Cooroy neighbourhood. However, it will also take into account the whole Shire and the needs of the Noosa community. When the time comes there will be a range of communication methods used to share information and garner reviews with the community.
Frank Wilkie 12:48.981
Thank you Ms. Spicer. Item 10, we have a notified motion which has been withdrawn. That brings us to consideration of committee reports. These were reports dealt with by... reports dealt with last week at the Planning and Environment Committee portfolio of the Services and Organisation Committee portfolio. 7.1, Housing strategy, financial incentives for social and affordable housing. We have a declaration. Councillor Stockwell... Thank you, Councillor Stockwell. has left the building. Do we have a mover and a seconder for the housing strategy? I am set by one, please. We have Councillor Wegener, seconded by Councillor Wilson. Is there any discussion on the item? I'll put the item to the vote. Those in favour? That's carried unanimously. Please bring Councillor Stockwell back to the room. Thank you, Councillor Stockwell. Item 7.2, which was a further report on the application for material change of use of resort complex. That was referred to the General Committee meeting. Item 8.1 is planning applications decided by delegated authority. And that was the last item in the Planning and Environment Committee... Next item in the Planning and Environment Committee portfolio. May I have a mover and a seconder for the Planning and Environment Committee recommendations to be adopted except we are dealt with separately. Thank you. Councillor Stockwell. May I have a second please. Thank you Councillor Wegener. All in favour? That's carried unanimously. Next we have the Services and Organisation Committee reports. Item 7.1.7.1 was the integrated compliance and enforcement policy was referred to the General Committee meeting. 7.2.7.2 was the Noosa Shire Council sole and special supplier supply lists. Item 8.1 is the capital program delivery status update on all capital projects. Councillor will have a... Councillor will have a declaration to make.
Jessica Phillips 15:52.653
Thank you Mr Mayor. I, Councillor, inform the meeting that I have a declarable conflict of interest in this matter in relation to Cooroy Sports Complex gymnastics upgrade and upcoming tender mentioned in the capital program delivery status report as I am the senior squad coach of the club in a temporary... as per previous declarations although I have a declarable conflict of interest I do not believe a reasonable person would have a protection of bias as I do not stand to receive a personal benefit or loss in relation to this matter therefore I will choose to remain in the meeting room however I will respect the decision of the meeting on whether I can...
Unknown 16:38.836
I'm having boobs at the standard resolution, which is on the screen, about the council bill to remain in the room. Seconder, please. Seconder, Councillor Lorentson. Sorry, Councillor Lorentson, you're up and down too quickly.
Frank Wilkie 16:54.758
Thank you. Any discussion on that? All in favour? That's unanimous, noting that Councillor did not vote. Now, can we have a mover and seconder for the committee recommendation on the capital program, please?
Amelia Lorentson 17:11.737
Having to move, having to second.
Frank Wilkie 17:13.777
Councillor Finzel, seconder, Councillor Lorentson. All in favour? That's carried unanimously. Now may we have a mover and seconder for the services and organisation committee recommendations to be adopted, except we're dealt with separately, by Councillor Wilson, Councillor. All in favour? That's carried unanimously. We now come to a further report, the item that was referred from the planning and environment committee, which is item 7.1, application for a material change of use, resort complex and ancillary bar, food and drink outlet, outdoor sport, recreation and club. Minor extension to existing clubhouse. At 61 Noosa Springs Drive, Noosa Heads, which was referred for the planning and environment committee, dated 6 May 2025. We're going to take up where this motion was left off on Monday and the motion before us. So, where we left off on Monday was that Councillor Stockwell and I had moved the motion, every councillor had spoken to it, and then Councillor Finzel moved a deferral motion to tonight, which means that Councillor Finzel and Stockwell are yet to speak to this motion, but councillors are free to move. We're free to move amendments to this motion on our questions. Do we have an amendment? I'd like to move an amendment, please. Councillor? Is there any way we can have the amendment enlarged on that screen on your own? The world's biggest amendment. Councillor, can you read that all right? We won't require you to walk us.
Jessica Phillips 19:03.380
Okay, thank you. That item A includes the following addition: Include new condition to be inserted as condition 14 and subsequently renumbered the existing conditions to follow. The new condition is provided in attachment 3 to the ordinary meeting. To the ordinary meeting dated 15th of May 2025, new condition, Noosa Springs Odour Monitoring. I can't think of what it is. Sorry. Yeah, we have it. We'll just get it read out in the exhibition. Okay. I'll have to go. 14, real-time odour monitoring. A, monitoring equipment intent. Install and maintain a real-time odour monitoring system which continuously samples odour on the resort site and provides real-time updates to resort management of odour concentrations.
Nicola Wilson 20:11.378
The monitoring system must monitor relevant LODAR indications, such as hydrogen sulfide, and provide real-time audits via e-mail test tests to resolve management when trigger levels The monitoring system...
Jessica Phillips 20:25.678
Are reached. The monitoring system must include an on-site weather station with real-time output for comparison to ODA results to identify potential ODA source location. Upon receipt of the ODA ODA results, staff are to implement management actions to advise persons in ODA areas to relocate indoors until such time as the real ODA-time monitoring results are available throughout the day. Item B: ODA monitoring and action management plan. Requires the operational work approval to prepare an ODA action management plan and submit to council for approval which details all I. Specifications for real-time ODA monitoring system including: A. Equipment and requirements including the development of Australian standards to which the equipment must be provided and maintained. B. ODA indicators to be monitored i.e. ODAs not provided by other representatives. C. Trivia concentrations of ODA indicators which are representative of ODA concentrations which may result in the exceedance of the Queensland ODA guideline standard. D. Location or monitoring points. E. Co-located weather station with real-time output or comparison to ODA reports. To identify potential ODA sources of information.
Jessica Phillips 21:58.428
Data storage and record keeping equipment. G. Calibration and maintenance requirements. I. Actions to be undertaken by resort management on receipt of ODA alerts for real-time ODA monitoring. i.e. relocating external guest persons to... I.e. Relocating external guest persons to general areas, hoisting up in those doors to communal space areas, etc. i.e. relocating external guest persons to general areas, hoisting up in those doors to communal space areas, etc. I.e. relocating external guest persons to general areas, hoisting up in those doors to communal space areas, etc. i.e. relocating external guest persons to general areas, hoisting up in those doors to communal space areas, etc. i.e. Relocating external guest persons to general areas, hoisting up in those doors to communal space areas, etc. I.e. Relocating external guest persons to general areas, hoisting up in those doors to communal space areas, etc. I.e. Relocating external guest persons to general areas, hoisting up in those doors to communal space areas, etc. i.e. relocating external guest persons to general areas, hoisting up in those doors to communal space areas, etc.
Frank Wilkie 22:42.185
Records to be kept of ODA We have a seconder for the purpose of debate.
Karen Finzel 22:44.893
Thank you, Councillor Finzel.
Frank Wilkie 22:49.593
Councillor, you have the floor. Yes, thank you.
Jessica Phillips 22:53.433
Hopefully I was fairly self-explanatory. I will speak to this amendment. My amendment introduces real-time odour monitoring conditions for the Noosa Spring Resort, an amendment that's not just about technology, but this is about responsibility, transparency. And to build community trust. This is about putting in place clear expectations. So we're not scrambling to respond after the fact, but proactively protecting the people who live The amendment calls for real-time odour monitoring using proven technology that can detect substances like hydrogen and sulphide. If one of the guests' complaints after the fact is not good enough, with a system in place, operators will be able to respond immediately. One of the most important parts of my amendment is removing grey areas. When odour level rises, who's responsible? What happens next? This amendment spells it out. Resort operators must act, whether that's mitigating the source or simply advising guests to move indoors. If Council fails to include clear monitoring and action requirements now, we can open the door to confusion, complaints and possible credibility loss. If we can support this amendment, we can show that we're serious about responsible development, looking now and into the future.
Frank Wilkie 24:21.547
Thank you Councillor. Do we have any questions, councillors, or comments wanting to speak to the amendment? Councillor Finzel. Yes I do.
Karen Finzel 24:32.191
Thank you Councillor Jess. This is a question for planning staff. This sounds like it's the job of Unity Water. Can you please explain what are the benefits to... To both the hotel owners, the guests and the broader community, if we choose to vote on this amendment and carry it forward, how does that benefit everyone who's involved?
Juliane Vogler 24:57.356
Mr Chair, this condition would add further mitigation measures to concerns regarding potential for over complaints. This would put an additional layer of... responsibility on the resort to have real time monitoring of any odour and then having a management response activated at any time in the levels of odour, whether it be day or night, maybe for a particular... So it adds further obligations on the resort to manage potential risks of odour, including the wastewater treatment plant approximately 300 metres away, and will lead to prevent complaints being arisen because there will be an active management plan in place prior to those issues arising.
Unknown 25:54.165
Councillor, I'd like to ask a question. Did you assist the Councillor with drafting of these amendment conditions?
Juliane Vogler 26:01.965
Through the Chair, the Councillor did ask for some advice in relation to these matters. We sought input from our ODA expert who's been assisting us with reviewing the application material and assisted with drafting a framework which would be robust enough and require further assessment that an operation works.
Frank Wilkie 26:23.418
And if the applicant, if we did approve this and the applicant considered these conditions unreasonable, they can make representations to the condition down the track, is that correct?
Richard MacGillivray 26:33.478
Through the Chair, yes, through any application process there is the ability for an applicant to lodge representations in relation to conditions, so that is available in that system. Thank you.
Juliane Vogler 26:47.238
Councillor Wilson.
Nicola Wilson 26:49.298
Sorry for the question, would part of that management plan include reporting to Unity Water as well, given that that is the source?
Juliane Vogler 27:01.878
Through the Chair, the condition doesn't strictly specify that. It does give Council offices the ability to require The ability to require access to all of that data. So, noting the relationship between council and the order, as it's a little provided, we potentially may be able to share those results if required and where there's concerns about that data.
Brian Stockwell 27:30.275
Yeah, in real time, I know the monitoring is a first for me. So, is it like noise monitoring, water quality monitoring, that concentration of gases such as hydrogen sulphide are reliable indicators and uses? I know in previous my experiences that it was actually measured by people rather than by scientific method. So, was our consultant happy that this was a reliable indicator?
Richard MacGillivray 28:01.948
Yes, you are correct. There's a range of different measures. Ogen sulphide is just one of the potential metrics. It's probably the most common one which triggers a response in terms of the smell. There are a range of other elements that can be detected. Our odour expert was comfortable. This technology has been used in other situations and other matters which has been disputes around odours in other parts of Australia. And has proven to be successful in being able to help the system detect when there's a potential nuisance in the odour.
Tom Wegener 28:41.092
If there's a smell that takes over, if there's a smell detected and somebody says, oh, you know, something smells, this would kind of verify that whether it's coming from the treatment platform or the trash bin down the road. And that seems like a really important thing to do.
Juliane Vogler 28:57.033
Chair, you're correct. The need for a conclusion of the weather station is involved in the system in terms of the direction of any smells or odours. So all of that data combined in the system in terms of identifying what the source is. The main focus of this is to, again, as Councillor Jess mentioned, is proactive measures to ensure that the resort takes reasons to mitigate and takes actions before potential complaints arise, whether it be from the waste water treatment plant or from rubbish bins or other sources of contaminants.
Frank Wilkie 29:35.260
Councillor Finzel, question.
Karen Finzel 29:37.940
Question to the planning staff. Given this matter before us is being assessed against the planning scheme under regulatory statutory legislation. Can you tell me if this amendment addresses that framework or is it outside of that system?
Juliane Vogler 29:58.070
Thank you very much. So councillors have the ability to add in reasonable and relevant conditions to any development decision. So this suggested inclusion of a condition, in my view, is a reasonable and relevant condition. It relates to the nature of the submissions raised regarding concerns about reverse amenity issues, it provides a solution, a proactive means to potentially address those, and does fit within the statutory planning framework to include it as a condition. It relates to... Thank you.
Frank Wilkie 30:33.155
Now, councillors wish to speak for the motion or against. Councillor Wegener, question? I'll speak to the motion, yes.
Tom Wegener 30:40.615
Gee, Councillor, that is clever. I read it today and the more I think about it you're the youngest person on the team here. What's the rest of us doing? That was really great. I think it really adds a lot of clarity and gives it a lot easier to vote for this knowing that when there's a smell detected there's a lot more science going on. There's a lot more rigor around it and it just gives a lot more surety for the future. in the future for this issue, so Thank you. Councillor Wegener. Councillor Lorentson.
Amelia Lorentson 31:15.732
I'm happy to support this and I will vote section 45 of the Planning Act actually requires Council to consider relevant matters, including the amenity of future occupants. And I, when there's a risk, a reasonable risk of environmental nuisance or adverse amenity effects, such conditions So many of the effects of such conditions are warranted and necessary, so happy to support the amendment and thank you Councillor for bringing this to us.
Frank Wilkie 31:45.304
Any other people who wish to speak before Councillor, please.
Karen Finzel 31:50.664
Yes, I would just like to take the opportunity to thank Councillor for exploring this option, which I think is a great balance between meeting our statutory... Requirements and listening to our community. I think this provides a surety to our community that we are listening. This has been a very difficult and long, drawn-out process, so thank you for bringing this amendment before us today. Which I really support. Thank you.
Frank Wilkie 32:17.823
Councillor Phillips, do you wish to close?
Jessica Phillips 32:20.303
Very quickly, thank you everyone. If you were to look at my algorithm now, my search engine reflects a lot of data searching last night to find some case for what I'd put to planning to work with, so I'm really happy to be able to achieve something that's... This is something that gives some clarity. Yeah, thank you very much. Thank you
Frank Wilkie 32:42.952
Councillor. I'll put the amendment to those in favour. That's carried unanimously. The amendment becomes part of the motion. Do we have any further amendments? Councillor Lorentson.
Amelia Lorentson 32:55.770
I have a question to staff and I'm going to reference again section 45 of the Planning Act 2016 Queensland where council is required to consider relevant matters. Including the amenity of future occupants, potential impacts on existing local uses and proximity to essential infrastructure. In light of this and given the acknowledged uncertainty regarding potential T.J, are you exposed? How has council applied the precautionary principle in its assessment?
Richard MacGillivray 33:32.891
Through the chair, so council has undertaken a very thorough and rigorous process to assist these particular issues regarding odour as well as a whole range of other technical matters. As part of our obligation to assist these particular issues regarding odour as well as a whole range of other technical matters. As part of our obligation under the Planning Act we were required to thoroughly investigate all of those issues and potential impacts. In this particular case in terms of odour, the applicant undertook a very robust modelling of odour. A report that was undertaken in terms of best practice. We engaged an independent expert to review that material. That was rigorously assessed and determined to be acceptable. The number of conditions were also applied in response to particular concerns raised, which would go above and beyond to try and mitigate the effects of council freeze. So council has discharged its obligation and taken the reasonable and necessary steps to ensure that mitigation risk has been appropriately managed.
Frank Wilkie 34:35.464
Does anybody wish to speak to the motion itself? That's Councillor Finzel, Councillor Stockwell. Anyone wish to speak to the motion before Councillor Stockwell closes?
Unknown 34:49.175
No, are there any further amendments? Councillor Stockwell? Councillor Finzel?
Nicola Wilson 34:55.195
I'd like to speak to the motion, thank you Mr Chair.
Karen Finzel 34:58.735
This has been a very challenging and long protracted application. application before council, anyone that's followed that would understand that. Together we stand at a crossroads, not just in planning terms but in how we define leadership, community trust, collaboration, responsible development and the legacy we wish to leave behind. This is not just about a hotel application. Noosa has always been more than a destination. It's about what we value most. It's a way of life in balance. Between people and nature. Growth and protection. Opportunity and responsibility. The balance is fragile. And it is precious. As we consider the proposed application before us at the Noosa Springs, I ask that while we are bound by statutory regulations, we look deeper. This is our opportunity to lead with values. To ensure that every decision we make reflects not just economic gain, but environmental stewardship, community wellbeing and respect for our shared future. Some see potential for economic uplift, increased Both sides are valid. Both are expressions of our love for this place. But real leadership doesn't choose sides. It listens. It finds the higher ground. It leads for the greater good. So tonight, together, let us raise the bar. Let's show what it means to be a member of community. Let's demand a development that meets the highest standards of environmental care, transparency and community benefit. That's reflected tonight in the work that all councillors have done and also in Councillor Phillips's amendment tonight. Right to the last Right to the last minute people have worked hard to deliver the decision that's before us. Let's insist on a future that reflects who we are. just Not what we can build. Because I believe Noosa real strength lies in not what we develop but how we come together. Let us Let us be remembered for what we've approved or rejected, not for what we have approved or rejected, but how we have acted. With unity, courage and heart.
Frank Wilkie 38:18.695
Thank you, Councillor Finzel. Councillor Stockwell, Mr Clarence.
Brian Stockwell 38:23.975
It's a bit unusual that I'll be responding to arguments that were made a few days ago. This is an unusual application in that... In that we have a site that is split-zoned. So most of the time on the planning scheme it might only be 1% of the properties in the Shire are split-zoned. It'll be really easy to identify why they're split. It may be an environmental protection zone and you can see it. following the tree line it may be a part of a lot of residential the other isn't because there's flat ground. In this case there was a strategic need to identify additional high level hotel development sites in Noosa. It was a need that was identified over a decade ago that we hadn't had investment in five star hotels or similar and that was reflected in the strategic framework of the 2020 scheme. It says Noosa continues to be a highly regarded destination for visitors around Australia and overseas, varying types of accommodation and services catered for business needs. We know we've got an oversupply of home hosted, Airbnb type whole homes. We have heard that this may, if approved, actually take some of the pressure off putting more homes or actually retaining homes that should be otherwise But in this case the designation of the tourist accommodation zone on this site was a best bet of where would be the most suitable site for a hotel. And it is identified specifically in the scheme. The tourist accommodation zone talks about this site specifically and it says that it should be protected for resort complex or short term accommodation. And so then we look at this conflict that part of it goes into an open space zone and part of it is in a quiet diversity overlay. So first when we look at the tourist accommodation zone, one of the overall outcomes it says is the development sense... The development sense of the response to land constraints including topography, bushfire, flooding, storm surges wherever. In this case the constraint is largely around the owner nuisance and where it comes to on the site from the wastewater treatment plant and that was the heart of the debate on Monday and what we've been reminded by independent advice since that time is when we make these decisions... When we make these decisions, we make them with the assessment manager. We're the planning authority, bound by the decision rules, and just like the court only considers expert evidence, we should be basing our decisions on expert evidence, not necessarily on more emotive. representative annotations made to us. And we have been informed over and over again that both the applicants and our expert in ODA has suggested that the development complies with the standards of the court will be closed. So then we look So then we look at the small area that has gone into the biodiversity overlay. Now previously there was a hollow wing there and that's been removed and that's at about 38 trees come back and some of those are significant, 14 are brush box The old folks used to sit under the shade of the tree and it used to be where they camped and actually the word Kaloola means the sound of the wind going through the cypress tree so they have cultural significance but the part that where the development is going in biodiversity is guided by acceptable outcome of that of planning team which is building structures and associated works are like that with the existing cleared areas or areas of lowest ecological value and in my opinion I'd like to say that it's met the overall outcome of the biodiversity overlay, that the development, design and layout provides for ecological connectivity across the landscape and through the protection of rehabilitation and enhancement of nanofabrication and ecological linkages. Now, rehabilitation early offset... One didn't go, one couldn't, but we are here to make decisions as a planning authority and the reasonable thing to do for any councillor is to support this development.
Frank Wilkie 43:01.963
Thank you, I'll put the motion to vote. Those in favour? Councillor Wegener, Wilkie, Finzel and Stockwell. Those against? Councillor, Lorentson and Wilson. The motion is carried. Next item is 7.2 Integrated Compliance and Enforcement Policy. This was referred from the Services and Organisations Committee dated 6 May and the recommendation from the committee was to refer this to next month, but I believe Councillor, did you want to move an amendment on it? I do. Okay. So, do we have the item? Screen please. So, can we move the motion including the amendment? Is that possible? Move the motion including the amendment?
Amelia Lorentson 44:03.312
No, we're already at the point where she just hasn't given this amendment, it's just been moved.
Brian Stockwell 44:09.109
Then that, that's right, so that will be started.
Amelia Lorentson 44:12.149
So that amendment has been moved and carried. Okay, so Councillor. So, what happened with this at the meeting last week, it was moved by myself and Councillor Finzel, Councillor moved an amendment which was supported, Councillor moved Stockwell a more complicated amendment which was not and it fell, then we had a deferral motion from Councillor Wegener, so now we're back to the original motion with your amendment included from last week, from Monday.
Frank Wilkie 44:49.666
My new amendment? You'd like to move a new amendment now? Okay, let's hear it. Yes.
Jessica Phillips 44:56.563
Councillors may actively support and promote voluntary compliance through education and community engagement by encouraging...
Brian Stockwell 45:04.963
Point of order. Point of order. Point of order. I think what you're trying to do is change words that are in the motion and amendment as passed, so we actually need to know where you're putting it and...
Unknown 45:17.000
Can you just replace... Yeah. Please read it. Okay.
Jessica Phillips 45:25.460
Yes. That the wording in B1 be amended to read 1. That the wording in the draft policy provided at attachment 1 under roles and responsibilities councillors be amended to read roles and responsibilities councillors be amended to read roles and responsibilities and councillors review and adopt councils integrated compliance and enforcement policy councillors may actively support and promote voluntary compliance through education and community engagement by encouraging an understanding of relevant laws and regulations councillors can assist constituents in raising concerns relating to compliance and enforcement matters by referring them to the appropriate functional area. Councillors must not be involved in operational compliance or enforcement actions as outlined in this adopted governance framework. This includes but is not limited to participation in investigations and /or advocating or taking over the matter on behalf of the applicant relating to the issuance of penalty infringement. Penalty infringement notices, enforcement orders, remedial actions or prosecution decisions, these matters are not to be managed independently, sorry, these matters are to be managed independently by all By authorised council offices in accordance with legislative requirements and operational procedures. Notwithstanding this, councillors can consider formal legal and prosecution matters as reported by staff.
Frank Wilkie 47:06.403
We have a seconder for that. Thank you.
Jessica Phillips 47:14.523
As we saw on Monday, there was some uncertainty around our roles and responsibilities and I'm merely going to make sure that there's absolute clarity. My background in policing has given me first hand experience in how a policy like this needs to be very well considered and defined. So I believe in clarity and transparency for the... counselors to residents and staff understand where the role begins and the role ends. As councillors, we're absolutely to have a part to play in compliance, but it's the right part. We can actively support and promote voluntary compliance by just being in our community and leading by example, engaging in education and encouraging a culture of doing the right thing. We can also help residents raise concerns and direct them to the proper councillor department. That's our job. But But I do believe we need to be clear what is not our role and we are not to get involved in operational compliance or enforcement actions. But I do believe we need to... That means we can't get involved in investigations or step... or stepping in on infringement notices or being involved in any enforcement decision because responsibilities like this is actually... belongs to our authorised council of officers who are given the framework to carry them out in line with... to carry them out in line with legislation and procedures. This does not shut councillors out. It actually protects the integrity of the process. We do have a role in reviewing formal legal and prosecution matters when they come through the proper reporting channels in council meetings. So this amendment is not about restricting us. It is about respecting the boundaries that make the system work. How does this system work? It ensures we stay focused on policy and governance while enforcement stays impartial and professional. It ensures we stay... And most importantly it gives our community confidence that the decisions are being made in the right way. Thank you Councillor.
Frank Wilkie 49:23.050
Anyone else wish to speak to the amendment? Councillor Wilson.
Nicola Wilson 49:27.610
I wish to move another amendment to the amendment.
Frank Wilkie 49:30.070
Councillor Wilson you need to deal with this one first and vote on this one and it becomes part of the motion and then you can move an amendment. One amendment at a time is all we're able to do. One amendment happens. So Councillor Finzel.
Karen Finzel 49:44.087
I support this amendment. I think this is really clear. I think the message to our community is easy to understand language and giving clear definition to our roles. We wear different hats when we're a councillor and this clearly shows where our roles Where our office stops and where it starts towards other processes that are not our responsibility. We are here to advocate and we can certainly do that. But there is a point where councillors refer on. There is a point where those matters are not managed by us and I think this provides a really clear opportunity to hopefully make it clearer for our community to understand what those roles are.
Nicola Wilson 50:56.995
And it's just a simple addition. Councillor's roles are defined in the Local Government Act 2009 and the Code of Conduct for Councillors in Queensland. The definitions of roles and responsibilities in this policy are: whose policy are consistent with the Act.
Frank Wilkie 51:12.868
Thank you. We have a seconder for that, please. Happy to second. Councillor Finzel. Councillor Wilson.
Nicola Wilson 51:17.908
Thank you. I thank Councillor for bringing her expertise to this previous amendment. I just want to be clear that while this is a Noosa Council policy, it does not aim to increase or decrease the powers of councillors that are provided in the principles of the Local Government Act 2009, which are fundamental to the roles of councillors and staff. I just want to be clear. They apply to all councillors in Queensland. The wording provided by Councillor is to ensure clarity in layman's terms and practical application of the policy, and it's consistent... Question of the policy and it's consistent with the roles outlined in the Act regarding strategic versus operational issues.
Frank Wilkie 51:55.608
Thank you Councillor Wilson. Questions or comments councillors? You wish to close councillor Wilson? Put it to the vote if that is in favour and that is Councillor, councillor Laurison, councillor Wilson, that is unanimous, that is unanimous, it's carried. Both those amendments have now become part of the original motion to which no one has spoken. Does anyone wish to speak to the motion or move a further amendment? Further amendment from Councillor.
Jessica Phillips 52:33.524
And it's just to remove the definition of unlawful activity from the draft policy provided at attachment one and replace the definition of breach which is defined as, do I need to read that? Definition. Yes. Yes. I'm going to read it. Oh, I feel like all you've done to me for my life.
Juliane Vogler 52:59.215
Where an activity or work has been or is being carried out contrary to the terms and conditions of a licence, permit, registration, approval, permission or other written authorisation of the council. Authorisation of the council. Contrary to any act, regulation, local law and planning scheme that regulates the activities or work that can be carried out on a particular land, contrary to a legislative provision regulating a particular activity or work, all without a licence, permit, registration, approval, permission or the like.
Frank Wilkie 53:37.339
Thank you. We have a seconder for that. Thank you, Councillor Wilson. Thank you, Councillor. Thank you.
Jessica Phillips 53:44.299
Originally, the draft policy included unlawful activity, however there was no reference to unlawful activity in the policy and I want to remove any confusion for any staff, councillors, community reading the document. We need to be really clear on the definitions and breach is included in the policy, not unlawful activity, so I'm just clarifying that. We need to be really...
Unknown 54:19.655
Question time, does this change in any way weaken the policy or its effectiveness?
Richard MacGillivray 54:26.335
Through the Chair, no it doesn't, it will in fact agree to Councillor' comments. The term breach is referred to in several places within the policy. The term breach... The lawful activity is not specified within the policy so it's appropriate that the term breach is defined as opposed to a lawful activity within the policy. Thank you.
Frank Wilkie 54:49.368
Do councillors wish to speak to the amendment? Councillor, do you wish to close? I'll put it to the vote. That is unanimous. That's carried. Are there any further amendments? Okay. Does anyone wish to speak to the original motion, which now includes all those amendments? Councillor Lorentson?
Amelia Lorentson 55:13.819
I'd like to speak briefly. We've spoken quite a bit about this at the general meeting, so we're here to represent our community. We're here to represent our communities and I think we need some sort of clarity to let the community as well as us councillors understand that we can actually step into enforcement decisions. The report's recommendations keep things pretty fair and they make sure that councillors refer concerns to the right departments instead of pushing for outcomes. This protects us This protects, as we've heard today, the integrity of the process, prevents conflicts of interest, and keeps council processes transparent. Sticking to the guidelines ensures that we make decisions correctly and without political pressure. Again, helping us serve our communities responsibly. We also want to note that there are ethical risks when councils become divisive. We also want to note that there are ethical risks when councils become divisive. We also want to note that there are ethical risks when councils become directly involved in negotiating enforcement outcomes. There are potential legal or reputational consequences of us exceeding our prescribed roles in compliance matters. Breaches of conducts and breaches also under current corruption. So again, important for both the community and the councils to understand the real nature and the scope of our roles and responsibilities. Operational matters are dealt with staff and us as councillors. Our space is in facilitating connections with the correct people and also advocacy in voluntary compliance. We are here to represent our community and I think that, you know, I don't think there's anyone I don't think there's anyone around this table that will ever say we can't help you, this is an operational matter. We'll say we can direct you to the correct people and we will request to be copied into a response to ensure that you are actually responded to. And if you have any questions or confusion, that's our role also, but we work to serve you. And that also means just facilitating the correct engagements and directing you to the correct staff. So this is an important piece and it actually entertained a lot of debate around at the council table. And I think important to note that under statutory law also that we are governed under the Local Government Act. Our code and our duties are actually detailed. Our duties are actually detailed under legislation and that doesn't override any policy. But great to have this report out in community. And the additions of layman's simple terms again provides not only clarity but the purpose of the document is to make sure that... The purpose of the document is to make sure that the guidelines are clear and simple, and I think we've achieved that with the addition of those extra amendments. Thank you, Councillor Lorentson. Any other councillors wish to speak?
Karen Finzel 58:22.737
Yes, just to reiterate, I think this has been a timely review of the policy. I think it's bringing up to contemporary what we have before us here and now. I think it's been well written by... It's been well written by the staff and Councillor Phillips's amendments for clarification and also including Councillor Nicola's addition, which really gave us that formal framework in which All framework in which to place it. So I think it's really timely and it's a benefit both to the community and to councillors with really clear definitions of our roles and where we can fall into trouble if we go by the side of it. Like what our boundaries are. As our staff always say, swim in your own lane.
Frank Wilkie 59:13.575
To vote, those in favour? That is unanimous, that's carried. Next item is the Noosa River Recreational Boating Facilities update referred to the Services Organisation Committee. Financial performance report. We need financial performance. Noosa Environment Strategy Implementation Plan 5 year monitoring report. The 991 was a confidential, not a public release. We have a contract, number CN2503-1, which is Provision of Planning Services for Administrative Buildings, Libraries and Other Council Facilities. Can I have a mover and a seconder for the general committee's recommendation to move Councillor Finzel seconded to Councillor... Seconded by Councillor Lorentson. Any discussion? All in favour? That's carried unanimously. We have no reports direct to the ordinary meeting. There are no confidential items for this meeting. The next ordinary meeting will be at Tewantin Council Chambers, 10am on Thursday June 19. Thank you everybody for turning out tonight. I regret to be closed at 6:01pm. Thank you everybody.
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