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Item 8.4.2023-08-17 · OrdinaryOfficial item record

General Committee Meeting Report - 14 August 2023

Final resolution: Carried

That the report of the General Committee Meeting dated 14 August 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. Full wording ↓

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What was decided?

Final supported resolution

That the report of the General Committee Meeting dated 14 August 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.

Carried unanimously.

Official item minutes · Event 7

1Council ResolutionCarried2Committee ResolutionCarried3Committee ResolutionCarried4Council ResolutionCarried5Procedural MotionLost6Council ResolutionCarried7Council ResolutionCarried
1Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Wilkie and determine that Cr Wilkie participates and votes on this matter because Council believes that neither Cr Wilkie nor the PBCA stand to gain personally or materially from this decision and that a reasonable person would trust that the final decision is made in the public interest.

Carried.

For 2 named

Tom WegenerJoe Jurisevic

Against 1 named

Clare Stewart

Official minutes · section 23

2Committee ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes a reasonable person would not consider this a conflict of interest and trust that the final decision is made in the public interest.

Carried unanimously.

Official minutes · section 36

3Committee ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Stockwell and determine that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person would not consider this a conflict of interest and trust that the final decision is made in the public interest.

Carried unanimously.

Official minutes · section 44

4Council ResolutionCarried

Moved: Frank Wilkie · Seconded: Joe Jurisevic

That Council note the report by the Environment Officer – Coastal Management to the Planning & Environment Committee meeting dated 8 August 2023 regarding the Eastern Beaches Foreshore Reserves Management Plan and community consultation and:  

A.      Note the community input received during the public consultation period for the draft Eastern Beaches Foreshore Management Plan and Council's proposed response; 

B.      Approve the revised Eastern Beaches Foreshore Reserves Management Plan for implementation - provided at Attachment 1; and

C.     Authorise the Chief Executive Officer to make minor changes or amendments to the document prior to publishing on Council's website, including reinstating the words "taking a zero tolerance" in Action Item 16.1 so that it reads:  "taking a zero tolerance and timely enforcement approach to any new encroachments."

D.      That Council demonstrate its commitment to dune protection by erecting a large sign in the cleared area in front of 70 Lorikeet Drive Peregian Beach and further erect wind erosion protection fencing for the full frontage.

Carried unanimously.

Official minutes · section 53

5Procedural MotionLost

Moved: Amelia Lorentson · Seconded: Karen Finzel

That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee meeting dated 8 August 2023 regarding application MCU22/0039 for a Material Change of Use – Relocatable Home Park (Community and Affordable Housing – 32 Dwellings) at 55 and 70 Carpenters Road Cooroy and defer the decision for the application to a future meeting to allow the applicant additional time to provide further information about the proposal.

Lost.

For 2 named

Amelia LorentsonClare Stewart

Against 5 named

Karen FinzelFrank WilkieTom WegenerBrian StockwellJoe Jurisevic

Official minutes · section 65

6Council ResolutionCarried

Moved: Frank Wilkie · Seconded: Brian Stockwell

That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 8 August 2023 regarding Application No. MCU22/0039 for a Development Permit for Material Change of Use – Relocatable Home Park (Community & Affordable Housing), situated at 55 & 70 Carpenters Rd Cooroy and

A. Refuse the application for the following reasons:

1. The proposed development is contrary to Section 3.2.2 of the Strategic Intent and Sections 3.3.1(b), (f) and 3.3.3 (a), (b), (c), (d), (e), (f) and (k) of the Strategic Outcomes of the Noosa Plan 2020 as:

a. The proposed development is located outside the Urban Boundary, intrudes into a rural residential area, and does not integrate well with the existing settlement pattern and the broader urban areas of the Cooroy community.

b. The land is not suited or designated for the proposed housing form.

c. The land is located in the vicinity of industrial land uses and industrial zoned land that has the potential to impact the amenity of residents.

d. The proposed development is likely to inhibit the development and future use of 70 Carpenters Road and land zoned Low Impact Industry in Jarrah Street due to potential reverse amenity impacts. 

e. The proposed development will need to provide its own infrastructure and is located outside the Priority Infrastructure Area.

2. The proposed development is contrary to Overall Outcomes 2(b), (j), (l), (p), and PO14 of the Local Plan Code for Cooroy which details that development is to be limited to land within the urban boundary. The site is located outside the urban boundary and does not respond or integrate well with Cooroy’s country town feel, with attached housing planned close to the town centre and low to medium density semi-attached housing dispersed through existing residential neighbourhoods.

3. The proposal is contrary to the Rural Residential Zone Code as the development will not result in a high level of amenity for residents and it does not achieve the zoning intent for houses on larger lots.

4. The proposal is contrary to the Overall Outcomes 2(c), (d), (f), (g) and (h) and PO1, AO1.1, AO1.2, AO1.3, AO1.4, PO4, AO4, PO6, PO7 and PO9 of the Special Residential Zone Code as:

a. The proposal does not have reasonable access to a variety of essential services and facilities, including retail, commercial, social and medical facilities and public transport.

b. The proposal is not located so as to avoid conflicts with surrounding land uses.

c. The proposal is of a high density that is not compatible with the zoning intent and the preferred character of the area.

 The proposal is of a design, layout and intensity that will not integrate with the broader neighbourhood and allow residents to interact with the wider community.

d. The proposed development is not appropriately sited and designed in a manner that is compatible with the developed character of the area.

5. The proposal does not meet PO6 of the Driveways and Parking Code as the proposal provides no car parking for likely visitors to the development.

6. The proposal has not demonstrated that safe and satisfactory roadway configuration is achievable to the site from the Carpenters Road and Mary Street/ Jarrah Street roundabout.

7. The proposal does not meet PO6 of the Bushfire Hazard Overlay Code as it has not been demonstrated that an efficient and safe evacuation route is available to residents and that emergency vehicles can access the site. 

8. The proposal is not consistent with actions A5.3.1 to A5.3.6, A5.6.2, A5.6.3, and A5.7.2 of the Noosa Housing Strategy 2022 as:

a. The land is not located within the urban boundary and is more than 400m from the town centre, school and public transport.

b. The land is located where it would have a reverse amenity impact on industrial business and land committed for industrial purposes.

c. The proposal is not well integrated within the community and is clustered in an isolated area.

9. The proposal is unlikely to satisfactorily deliver the social outcomes sought as:

a. The land is not suited for the proposed development it has poor accessibility, adjoins industrial land and is not well connected to services.

b. The proposal has not been designed to integrate well with the neighbourhood and within the community with driveways extending around the permitter of the site and the density not consistent with the surrounding character.

c. The applicant has provided no clear mechanisms that can be conditioned through a development approval to achieve the proposed social/affordable housing outcomes. 

10. The applicant has not demonstrated that the proposed development will not interfere with koala habitat mapped by the state as being Core Koala Habitat Area or that the works in this area are considered exempt works.

B.  Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Carried. 

For 5 named

Tom WegenerKaren FinzelBrian StockwellFrank WilkieJoe Jurisevic

Against 2 named

Clare StewartAmelia Lorentson

Official minutes · section 72

7Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Frank Wilkie

That the report of the General Committee Meeting dated 14 August 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.

Carried unanimously.

Official minutes · section 132

Read complete item-specific minutes
ATTENDANCE & APOLOGIES 

COMMITTEE MEMBERS
Councillor Frank Wilkie (Chair)
Councillor Karen Finzel
Councillor Joe Jurisevic
Councillor Amelia Lorentson
Councillor Clare Stewart
Councillor Brian Stockwell
Councillor Tom Wegener

EXECUTIVE
Acting Chief Executive Officer, Larry Sengstock
Director Strategy and Environment, Kim Rawlings
Director Development & Regulation, Richard MacGillivray 
Acting Director Infrastructure Services, Shaun Walsh
Director Corporate Services, Trent Grauf
 
APOLOGIES
Nil.
 
COMMITTEE RECOMMENDATIONS TO COUNCIL

5.1.    EASTERN BEACHES FORESHORE RESERVES MANAGEMENT PLAN - COMMUNITY CONSULTATION OVERVIEW AND PROPOSED CHANGES
          (Referred from Planning and Environment Committee dated 8 August 2023 - Item 5.1)

In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter as in early 2020, I received an electoral donation of $750 from Peregian resident Susan Francis. Susan Francis is the partner of Peregian resident Barry Cotterell. Mr Cotterell is the president of the Peregian Beach Community Association (PBCA). The PBCA has provided feedback on the Eastern Beaches Foreshore Reserves Management Plan. The Office of the Independent Assessor and legal advice has indicated the Eastern Beaches Foreshore Reserves Management Plan is not Ordinary Council business because it relates to a specific geographical area and that links to groups who have made submission to it ought to be declared. Although I nor the PBCA, which is a volunteer community group, stand to gain personally or materially through moving this motion, I make this declaration out of "an abundance of caution" and commitment to transparency. I believe I can make an impartial decision in the public interest in this matter and l therefore 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 Joe Jurisevic
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Wilkie and determine that Cr Wilkie participates and votes on this matter because Council believes that neither Cr Wilkie nor the PBCA stand to gain personally or materially from this decision and that a reasonable person would trust that the final decision is made in the public interest.
For:        Crs Jurisevic and Wegener
Against: Cr Stewart
Carried.
Crs Wilkie, Stockwell, Finzel and Lorentson did not vote on the above motion.

In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter because my brother Gabriel Cerasani, who until recently, was on the Executive of the Eastern Beaches Protection Association has made submissions to the Eastern Beaches Foreshore Management Plan and owns a property at Beaches Estate, Sunrise Beach. Although I have a declarable conflict of interest on the basis of exercising an abundance of caution I choose to leave the meeting room.
Cr Lorentson left the meeting.

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 in early 2020, I received an electoral donation of $500 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach Community Association (PBCA). The PBCA has made submissions requesting council address illegal encroachments. Neither I nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy however I make this declaration out of an "abundance of caution” given the possible scope and interpretation of Conflict of Interest rulings. Although I have a declarable conflict of interest, I believe I can make an impartial decision in the public interest in this matter and l therefore choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.
Committee Resolution
Moved:       Cr Joe Jurisevic
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes a reasonable person would not consider this a conflict of interest and trust that the final decision is made in the public interest.
Carried unanimously.
Cr Stockwell, Wilkie and Finzel did not vote on the above motion.

In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter due to my long standing connection with Noosa District Landcare as one of the inaugural members of the unincorporated group dating back to the 1980s and a current ordinary member. Noosa District Landcare is identified as being consulted in the report. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias considering the community nature of this relationship. I believe I can make an impartial decision in the public interest in this matter and l therefore choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.
Committee Resolution
Moved:       Cr Joe Jurisevic
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Stockwell and determine that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person would not consider this a conflict of interest and trust that the final decision is made in the public interest.
Carried unanimously.
Cr Stockwell, Wilkie and Finzel did not vote on the above motion.

In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a declarable conflict of interest in this matter.
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as during my 2020 Future Noosa Election Campaign I received an electoral donation of $1666.66 from Mr Peter Butt who sits on the Executive Committee of Eastern Beaches Protection Association (EBPA). The EBPA has provided feedback on the Eastern Beaches Foreshore Reserves Management Plan. The Office of the Independent Assessor and legal advice has indicated the Eastern Beaches Foreshore Reserves Management Plan is not Ordinary Council business because it relates to a specific geographical area and given links to groups who have made submission to it ought to be declared. I will now leave the meeting room while the matter is discussed and voted on.
Cr Finzel left the meeting.


Council Resolution
Moved:       Cr Frank Wilkie
Seconded: Cr Joe Jurisevic
That Council note the report by the Environment Officer – Coastal Management to the Planning & Environment Committee meeting dated 8 August 2023 regarding the Eastern Beaches Foreshore Reserves Management Plan and community consultation and:  
A.      Note the community input received during the public consultation period for the draft Eastern Beaches Foreshore Management Plan and Council's proposed response; 
B.      Approve the revised Eastern Beaches Foreshore Reserves Management Plan for implementation - provided at Attachment 1; and
C.     Authorise the Chief Executive Officer to make minor changes or amendments to the document prior to publishing on Council's website, including reinstating the words "taking a zero tolerance" in Action Item 16.1 so that it reads:  "taking a zero tolerance and timely enforcement approach to any new encroachments."
D.      That Council demonstrate its commitment to dune protection by erecting a large sign in the cleared area in front of 70 Lorikeet Drive Peregian Beach and further erect wind erosion protection fencing for the full frontage.
Carried unanimously.
Crs Lorentson and Finzel returned to the meeting.


5.2.    MCU22/0039 – APPLICATION FOR MATERIAL CHANGE OF USE - RELOCATABLE HOME PARK (COMMUNITY AND AFFORDABLE HOUSING - 32 DWELLINGS) AT 55 AND 70 CARPENTERS RD, COOROY
          (Referred from Planning and Environment Committee dated 8 August 2023 - Item 5.2)

Procedural Motion
Moved:        Cr Amelia Lorentson
Seconded:  Cr Karen Finzel
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee meeting dated 8 August 2023 regarding application MCU22/0039 for a Material Change of Use – Relocatable Home Park (Community and Affordable Housing – 32 Dwellings) at 55 and 70 Carpenters Road Cooroy and defer the decision for the application to a future meeting to allow the applicant additional time to provide further information about the proposal.
For:        Crs Lorentson and Stewart
Against: Crs Wegener, Stockwell, Wilkie, Jurisevic and Finzel
Lost.
Council Resolution
Moved:       Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 8 August 2023 regarding Application No. MCU22/0039 for a Development Permit for Material Change of Use – Relocatable Home Park (Community & Affordable Housing), situated at 55 & 70 Carpenters Rd Cooroy and
A. Refuse the application for the following reasons:
1. The proposed development is contrary to Section 3.2.2 of the Strategic Intent and Sections 3.3.1(b), (f) and 3.3.3 (a), (b), (c), (d), (e), (f) and (k) of the Strategic Outcomes of the Noosa Plan 2020 as:
  1. The proposed development is located outside the Urban Boundary, intrudes into a rural residential area, and does not integrate well with the existing settlement pattern and the broader urban areas of the Cooroy community.
  2. The land is not suited or designated for the proposed housing form.
  3. The land is located in the vicinity of industrial land uses and industrial zoned land that has the potential to impact the amenity of residents.
  4. The proposed development is likely to inhibit the development and future use of 70 Carpenters Road and land zoned Low Impact Industry in Jarrah Street due to potential reverse amenity impacts. 
  5. The proposed development will need to provide its own infrastructure and is located outside the Priority Infrastructure Area.
2. The proposed development is contrary to Overall Outcomes 2(b), (j), (l), (p), and PO14 of the Local Plan Code for Cooroy which details that development is to be limited to land within the urban boundary. The site is located outside the urban boundary and does not respond or integrate well with Cooroy’s country town feel, with attached housing planned close to the town centre and low to medium density semi-attached housing dispersed through existing residential neighbourhoods.
3. The proposal is contrary to the Rural Residential Zone Code as the development will not result in a high level of amenity for residents and it does not achieve the zoning intent for houses on larger lots.
4. The proposal is contrary to the Overall Outcomes 2(c), (d), (f), (g) and (h) and PO1, AO1.1, AO1.2, AO1.3, AO1.4, PO4, AO4, PO6, PO7 and PO9 of the Special Residential Zone Code as:
  1. The proposal does not have reasonable access to a variety of essential services and facilities, including retail, commercial, social and medical facilities and public transport.
  2. The proposal is not located so as to avoid conflicts with surrounding land uses.
  3. The proposal is of a high density that is not compatible with the zoning intent and the preferred character of the area.
     The proposal is of a design, layout and intensity that will not integrate with the broader neighbourhood and allow residents to interact with the wider community.
  4. The proposed development is not appropriately sited and designed in a manner that is compatible with the developed character of the area.
5. The proposal does not meet PO6 of the Driveways and Parking Code as the proposal provides no car parking for likely visitors to the development.
6. The proposal has not demonstrated that safe and satisfactory roadway configuration is achievable to the site from the Carpenters Road and Mary Street/ Jarrah Street roundabout.
7. The proposal does not meet PO6 of the Bushfire Hazard Overlay Code as it has not been demonstrated that an efficient and safe evacuation route is available to residents and that emergency vehicles can access the site. 
8. The proposal is not consistent with actions A5.3.1 to A5.3.6, A5.6.2, A5.6.3, and A5.7.2 of the Noosa Housing Strategy 2022 as:
  1. The land is not located within the urban boundary and is more than 400m from the town centre, school and public transport.
  2. The land is located where it would have a reverse amenity impact on industrial business and land committed for industrial purposes.
  3. The proposal is not well integrated within the community and is clustered in an isolated area.
9. The proposal is unlikely to satisfactorily deliver the social outcomes sought as:
  1. The land is not suited for the proposed development it has poor accessibility, adjoins industrial land and is not well connected to services.
  2. The proposal has not been designed to integrate well with the neighbourhood and within the community with driveways extending around the permitter of the site and the density not consistent with the surrounding character.
  3. The applicant has provided no clear mechanisms that can be conditioned through a development approval to achieve the proposed social/affordable housing outcomes. 
10. The applicant has not demonstrated that the proposed development will not interfere with koala habitat mapped by the state as being Core Koala Habitat Area or that the works in this area are considered exempt works.
B.  Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For:         Crs Wegener, Stockwell, Wilkie, Jurisevic and Finzel 
Against: Crs Lorentson and Stewart 
Carried. 


Cr Stockwell left the meeting.


5.3.    THE ECONOMIC DEVELOPMENT GRANTS POLICY REVIEW
          (Referred from Planning and Environment Committee dated 8 August 2023 - Item 5.3)

That Council note the report by the Economic Development Officer to the Planning & Environment Committee Meeting dated 8 August 2023 and
A.      Note the Economic Development Grants Review Report, provided at Attachment 1 to the report;
B.      Approve the amended Economic Development Grants Policy, provided at Attachment 2 to the report; and
C.      Authorise the Chief Executive Officer to conduct future rounds of the Economic Development Grant Program in accordance with the amended Policy. 
D.      Request the CEO report quarterly on the status of grant applications received during that quarter.


6.1.    CONTRACT NO. CN00315 - FLOOD RECONSTRUCTION - PACKAGE 10 - STORMWATER INFRASTRUCTURE REPLACEMENTS

That Council note the report by the Disaster Reconstruction Coordinator to the General Committee Meeting dated 14 August 2023 and: 
  1. Award Contract No. CN00315 for Flood Reconstruction - Package 10 - Stormwater Infrastructure Replacements to SGQ Pty Ltd; and
  2. Authorise the CEO to negotiate the final Contract with SGQ Pty Ltd; and
  3. Authorise the CEO to amend the contract up to 11.5% of the total contract value.


6.2.   DRAFT WASTE PLAN 2023-2028

That Council note the report by the Manager Waste and Environmental Health to the General Committee Meeting dated 14 August 2023 and adopt the From Waste to Resource Draft Waste Plan 2023 – 2028 for further community consultation.
 

6.3.    FINANCIAL PERFORMANCE REPORT – JULY 2023

That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 14 August 2023 outlining July 2023 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators.

 
6.4.    BUDGET REVIEW 1 (BR1) FOR THE 2023/24 FINANCIAL YEAR

That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 14 August 2023 and
A. approve the proposed changes to the Budget and Schedule of Fees and Charges for the 2023/24 financial year as outlined in the Revised Budget Financial Statements provided in Attachments 1 - 5 to the report.
B. Pursuant to section 192 of the Local Government Regulation 2012, adopt for the 2023/24 financial year the updated Debt Policy, which is provided as Attachment 6 to the report.
 

6.5.    OPERATIONAL PLAN 2022-23 Q4 QUARTERLY REPORTING 

That Council note the report by the Chief Executive Officer (Acting) to the General Committee Meeting dated 14 August 2023 regarding the 2022-23 Operational Plan and:  
  1. Note the progress report for the Q4 2022-2023 Operational Plan to 30 June 2023 provided as Attachment 1; and
  2. Note the status of Council's Key Performance Indicators provided as Attachment 2.




Council Resolution
Moved:       Cr Joe Jurisevic
Seconded: Cr Frank Wilkie
That the report of the General Committee Meeting dated 14 August 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.



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