Ordinary Meeting - 16 December 2021 Transcript

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00:00:00 Mayor Stewart: Good evening everyone. I declare the meeting open. I would like to acknowledge that we are meeting on the traditional lands of the Kabi Kabi people and I pay my respects to their elders past, present and emerging. I note that everyone is in attendance. I would like to also welcome attendees in our gallery. Thank you very much for being here tonight. I'd just like to remind you that please at all times don't interject and just listen and no calling out. We've had some occurrences before where that's happened and there's points of order being called. We appreciate there is strong emotion in the room but I just ask that you respectfully listen and so thank you all very much for being here. We appreciate your attendance and your input and your interest. Can I have a mover for the confirmation of the minutes of the ordinary meeting? Thank you Councillor Wilkie. Seconded, thank you Councillor Finzel.

00:01:00 All in favour? Carried unanimously, Alinda. Thank you. There are no mayoral minutes. Does anyone have any petitions? Councillor Finzel? Speaker 3: Yes, I have a position to present to the council. It's for the Noosa Council regarding the proposed Lake Doonella foreshore management plan. The undersigned request that council delay any consideration of the proposed Lake Doonella foreshore management plan until council have considered the impending resolution. The report of NIKA study on Lake Doonella and its recommendations for environmental management of the foreshore. Secondly, council have completed the preparation of the 22-23 budget and three, council have consulted with representative the impact of landowners regarding issues of security and safety as well as other impacts such as noise. Thank you. I may note that these are not necessarily my personal views but I am representing this to the CEO on behalf of the people. Can I have a seconder for that please? Mayor Stewart: Seconder, yes.

00:02:00 I see Councillor Lorentson. Okay. All in favour? Carried unanimously. Thank you, Mr CEO. Council stop. I'll leave you a petition. Deputy Mayor Stockwell: I have a petition that's signed by 17 people from Cooran and the thrust of the petition is that they seek the support for proposals for longer term sustainable and resilient economic growth for Cooran by improved infrastructure. And this is something that came out of our coffee chats on Friday where one of the business owners who also has a business name Cooley said, The petitioners hereby have suggested some of the solutions council may consider. I wish to table the petition and ask to the CEO, where is our standard wording?

00:03:00 We haven't got our standard wording. Okay, anyway, to the CEO and for appropriate response. Mayor Stewart: Thank you, Councillor Stockwell, for that. Councillor Wilkie, thank you, all in favour. It's unanimous. Thank you. All in favour? Councillor Wilkie, seconded it. We have another petition, Councillor Lorentson. Councillor Lorentson: Just waiting for the wording. Deputy Mayor Stockwell: Just the wording, should it have it being referred to the CEO? Councillor Lorentson: I have a petition that's signed by 499 people requesting that council not approve the home-based business small-scale meat processing at 82 Patterson Drive, Timbewa. And I refer the petition to the CEO for appropriate response. Thank you. Councillor Wilkie: We'll second it. Mayor Stewart: Thank you, Councillor Wilkie. All in favour? That's unanimous. Thank you. Thank you. We'll move on to item number five. There are no notified motions. No presentations.

00:04:00 There is item seven, one deputation. We have one deputation tonight, and we welcome Kathleen Anshall and Joanne Bright, representing landowners between Werrin Street and Moorindil Street, Tewantin, Cooroy, Cooroy, Cooroy, Cooroy, Tewantin. Would you both like to come up and make your deputation? Understanding orders, you probably already know this, but 15 minutes is the time limit. Thank you, ladies. Joanne Wright: We thank you for the opportunity to address council, my name is Joanne Wright and Kathleen and myself will be speaking to you tonight and we're speaking on behalf of the landowners who reside on Lake Doonella from Wareham Street to Malinga Street and this is regarding the proposed Lake Doonella foreshore management plan which we support and which has arisen out of a petition in April for a foreshore walkway around the lake from Wareham Street to Malinga Street. We want to raise four important points for council consideration. The first one being landownership and right-of-way. The second one being the impact of any walkway along the foreshore in front of Lake Doonella in this particular area. The third is the environmental sensitivity of the intertidal zone and indeed the significant environmental importance of the whole lake system.

00:05:00 And fourthly the human aspect and the fracturing of the community created by an unfortunate action that set up the mining risk against the expansion. So all of these points lead us to emphasise particularly the criticality of how this foreshore plan is actually developed and managed, including the importance of establishing strategic reference groups with all of the industry stakeholders. But the first point I'd like to raise is about landownership. The property owners we represent all have long standing time of ease issued by the state government, which clearly shows there are absolute lakefront properties locked with ambulatory boundaries of the high water martyrs.

00:06:00 Though the council-engaged surveyor and the surveyor engaged by us are in full agreement that the largest area in front of the lake, which is actually number one, 51 Poinsettia Avenue, is clearly private property for the high water martyrs. In our view this means that the foreshore from Land 2 to Marimba 2 cannot be used as public access within the high water mark. Therefore if an access along the foreshore within the high water mark is not possible because of this large parcel of unchallengeable land, we wonder if there's any point in proceeding with further investigation of private land types around the rest of the foreshore, specifically the use of that particular part of the foreshore in total, whether it goes all the way through to the bridge or not. We also ask that given this issue about private ownership, should there be consideration of amending the cycling and walkway strategy,

00:07:00 to remove expectations in the future of a foreshore walkway along the northern section of the lake. Lake Inanna does have a range of extensive, a lot of extensive foreshore, including council-owned land, that offer the opportunity of public access and vehicles without infringing on private property. The second point I want to raise is about the impact of the foreshore walkway. Aside from the whole issue of land tenure is the appropriateness and positioning of the foreshore walkway. We forwarded a picture to councillors yesterday afternoon. This was taken last Christmas and shows the aspects of the foreshore as fully under water. From our consultation with the council today, it's very clear that a walkway would have to be an elevated structure, which would have to extend out past the high water mark on state government land, being within the lake, and would be environmentally problematic and very expensive. It is also clear to us that a flash pathway is totally inappropriate, as witnessed by the walkers and bikers who planted over mangroves and bird habitat and allowed dogs off the leash.

00:08:00 Council's action to temporarily fence off this area was appropriate, if indeed it was agreed by some. Thirdly, there's the environmental sensitivity question. Any access that impacts on the intertidal zone, which houses a wide variety of native food and living and other species, would be in direct contradiction of all of the environmental values that have made Roosa a world-renowned biosphere, and it would be highly detrimental and totally inappropriate. The environmental attributes of the foreshore must be underlined when access and recreation opportunities are considered. For example, since fishing stopped in the lake, the colony of black swans has grown to 200 plus birds, because that food is safe and protected. A significant increase in human access could result in these birds locating in lakes and together, according to consultations with experienced wildlife experts. I'd now like to thank you for that brief interview.

00:09:00 I'll hand over to my neighbour Kathleen, who will speak on the fourth point on the community improvement. Thank you, Jenny. My name is Kathleen Anne Shaw. My husband and I are the owners of No. 1 Roan Street. I'm also the secretary of the body corporate of the Cooral Court, 2 Noongar Street, Tewantin, where our son Troy has lived for 10 years. These units were built in the 1980s and constructed their lounge rooms on the ground floor and the bedrooms on the upper floor, facing the lake. There is no pedestrian access passing these units since they are at the end of the Coal Missed Act. Out of the seven units, five are owned by single retirees. We have cared for Troy now for some 50 years. And in these past 10 years, we have worked relentlessly to teach him life skills, to enable him to live independently, and to secure his future.

00:10:00 In mid-August this year, Council made a major error in slashing the track through the intertidal zone of the lake, from Shield Street to the burners. This was done without environmental investigation, planning, budgeting, or without any discussion to the joining of the landowners. The result was significant environmental damage to the nature, plants, animal habitat, and spillage into the lake from the health of machinery. However, cutting the track allowed people to access this area as a walkway. They were very assertive in their cause, frightening and intimidating these vulnerable people when you do this. They rode bikes, walked dogs, exited between the two building blocks and up the driveway. They approached owners in their loungers, telling them that they now had access to this as it was a walkway. They even accessed the walkway at 9.35 last Saturday night, using torches.

00:11:00 It's extremely disturbing for the residents to think that someone is walking down one of your properties with torches on a Saturday night. I feel that all my work with my son has been totally destroyed, as he has resorted to double-locking his doors and closing his curtains through the day in fear. It's very important that Council knows this, so that the same mistake of failing to plan is not repeated in the lake foreshore study. We totally support the lake foreshore study, but it must be one that gives the best outcome to the public, while respecting the safety and the security and the privacy of the nearby residential properties. There's no, absolutely no point going to the public in a holistic approach until a realistic, sensible guideline is in place to give a framework of what can and cannot be achieved legally, financially, and with respect to the stakeholders,

00:12:00 the landholders, council, and state government, as well as the sensitive environment area of the lake. We urge you, please, not to repeat the mistakes of the past, but firstly to form a committee of council and the stakeholders in order to set guidelines, which, when agreed, will set up a framework to then move forward with a meaningful public discussion, and ultimately, a workable plan for the lake foreshore study. A committee must include these young landholders. The community has been stressed and divided by the unplanned actions to date. Let's take this opportunity to move forward in a cognitive way, and allow the community to heal. Joanne, last time. Thank you. So in conclusion, Council, it was the fourth proposed recommendation of the lake foreshore study, before Council tonight, for the proposed Lake Doonella foreshore plan to be part of the consideration of the 2022 budget,

00:13:00 as this enables appropriate funding and further thought to go into the proposal. We also strongly recommend to Council on Halloween that we set the current land titles to the high water mark, and not waste Council resources in funding or more furthering the work. We continue to ensure that the temporary fences that were erected at either end of the street in question, remain in place, to prevent inappropriate access. And we thank you for what you've done so far there. We also recommend that Council forms the Trusted Reference Group to set guidelines and parameters before the plan goes out for public consultation, so as to avoid misinformation and unnecessary answers from any members of the community. We also ask that these key stakeholders, for example, Council, State Government, Environmental Groups, local landowners, are part of the reference group, and you can imagine that certainly they will put up their hands to be part of that group.

00:14:00 We hope that this will ensure that information will go out to the public at the appropriate time, technically for it, and for children. We thank you so much for your consideration. Thank you, Joanne. Mayor Stewart: Thank you. Thank you very much. Thank you, both ladies. That brings us to item eight on page four of the agenda, which is a consideration of the committee reports. Firstly, we have the Planning and Environment Committee recommendations. Items one, two, three, and four will refer to the General Committee. Item five, NCU21-0164, Development Application for Material Change of Use, Food and Drink Outlet at 652 Hastings Street, Noosa Heads. Items six and seven will refer to General Committee. Item eight, Current Status of Community Conservation Partnership. Item nine, Review of Environmental Values and Water Quality Objectives for Noosa River

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00:15:00 Basin. Item 10, Planning Applications Decided by Delegated Authority, October 2021. Can I have a mover and seconder? I move to move that. Thank you, Councillor Stockwell. Thank you, Councillor Jurisevic. All in favour? Unanimous. Thank you. Thank you, Elinda. Next up are the Services and Organisation Committee recommendations. These are on page nine of the agenda. Item one, 2021-2022, Community Grants Program, Community Project Grants, round two. Item two, Regional Arts Development Fund, RADF, Grant Recommendations 21-22. Councillor Wilkie: Madam Chair, I'd like to inform the meeting. I have a declarable conflict of interest in this matter, as one of the proposed grant recipients, Virgo Nash, is the daughter of personal friends, Tanya and Neil Nash. As a result of my conflict of interest, I'll now leave the meeting room while the matter is considered and voted upon. Mayor Stewart: Thank you, Councillor Wilkie.

00:16:00 Thank you. Deputy Mayor Stockwell: I'm happy to move the recommendation. Mayor Stewart: Thank you, Councillor Stockwell. Councillor Jurisevic. All in favour? That is unanimous. All in favour? Unanimous. Thank you, Cathy. If you could please. Joanne Wright: I'll get Frank. Thank you. Mayor Stewart: Thanks, Cathy. Item three, 2021-2022, Community Program Funding, Community Project Grants, round two. Equipment. Item four, 2021-2022, Community Program Funding, Community Project Grants, round two. Events. Item five, 2021-22. Item 2, Community Program Funding, Community Project Grants, Round 2, Infrastructure. Item 6, 2021-2022, Community Program Fundings, Community Project Grants, Round 2, Programs. Councillor Wilkie: Madam Chair, I'd like to inform the meeting I have a prescribed conflict of interest in this matter as I'm the Secretary of the Noosa Gymnastics Club,

00:17:00 which is the principal tenant of the Noosa Bicentennial Centre. As a result of my conflict of interest, I'll now leave the meeting room while the matter is considered invoked. Mayor Stewart: Thank you very much, Councillor Hawkins. Councillor Jurisevic: I'll move the matter where you go. Mayor Stewart: Thank you, Councillor Jurisevic. Seconded, Councillor Lorentson. All in favour? Unanimous. Thank you. Thank you, Cath. Thank you, Councillor Hawkins. Item 7, Contract Number T000051, Sunshine Beach Skate Park, Half Pipe Renewal, Tender Award. Thank you. Item 8, Noosa Library Service, Annual Report to 30 June 2021. Item 9, 2021, Annual Disaster Management Report. Thank you. So moved, Madam Chair. Thank you, Councillor Switzer. Seconded, Councillor Finzel, Mayor Fenton. All in favour? Unanimous. Thank you, Elinda. Now to the General Committee recommendations on page 11 of the agenda.

00:18:00 Item 1 was deferred to tonight's meeting and is a subject of discussion. Item 2, other change to a development approval, a material change of use for multiple housing to include short-term accommodation situated at 13 and 15 Park Crescent, Sunshine Beach. Councillor Lorentson. Councillor Lorentson: I, Councillor Lorentson, inform the meeting that I have a declarable conflict of interest in this matter due to my personal relationship with the applicant, Mike Bain, and the Bain family. We are family friends. We have attended social events. We have attended events together and our children have attended school together. As a result of my conflict of interest, I will leave the meeting room. What matters is that you leave at any time. Thank you, Councillor Lorentson. Mayor Stewart: We have a recommendation before us. I move to refuse it. All right. Councillor Wilkie, seconded.

00:19:00 Councillor Jurisevic. All in favour? So it's Councillor Stockwell-Jurisevic. This is for the short-term meeting to approve or refuse the one in Sunshine Beach. This is to reject it. This is to follow the staff recommendation, which is calling for refusal. Councillor Stockwell, Councillor Jurisevic, Councillor Wegener, Councillor Wilkie against, Councillor Finzel, Councillor Stewart. Thank you, Belinda. The meeting is adjourned. Joanne Wright: Thank you. Thanks, Karen. Mayor Stewart: We are on item 3, page 14 of our agendas. MCU 16-0138.03 and OPW 16-0257.03 are the change for development approval for material

00:20:00 change of use for two times. Multiple dwelling houses. Two duplexes and operational works, engineering works and landscaping to include short-term accommodation at 1-113 Gympie Terrace, Noosaville. Councillor Stockwell. Deputy Mayor Stockwell: Yes. I wish to declare a credible conflict of interest on the same basis I did on Monday. It's a long declaration, so I won't read it out again. Thank you. And I do wish at the bottom there to, I choose to remain in the meeting room. However, we'll respect the decision of the meeting on whether I can remain and participate in the decision. Mayor Stewart: Thank you, Councillor. Councillor Jurisevic. Councillor Jurisevic: Madam Chair, I'll move that Councillor note the declarable conflict of interest by Councillor Stockwell returns in the public interest that Councillor Stockwell participates and votes in this matter, because Council believes that Councillor Stockwell does not stand to receive a personal benefit or loss of motion to the matter, and therefore a reasonable person would trust that the final decision is made in the public interest, as we have done previously. Mayor Stewart: Thank you, Councillor Jurisevic. I'll second that, Elinda. Councillor Jurisevic, would you like to speak to that? No. Okay. All in favour?

00:21:00 That is unanimous, noting that Councillor Stockwell did not vote. Thank you, Elinda. Councillor Wilkie: I move the refusal. Mayor Stewart: Thank you, Councillor Wilkie. Seconder? Councillor Wegener. Councillor Wegener. Finally got there, Tom. All in favour? That is unanimous. Thank you, Elinda. Item four, RAL 21 slash 007, development application for reconfiguring a lot, one lot into 12 lots, assessed under the superseded planning scheme of 111 Lake Weyba Drive, Noosaville. I, Councillor Stewart, inform the meeting that I have prescribed conflict of interest in relation to this matter, as Kirsty Miller, the ex-wife of Mr Bob Link, Director of Link and Link Surveys, PTY LTD, the applicant, donated $5,000 on the 12th, the 22nd, 20, $5,000 on the 6th of the 3rd, 2020, $1,900 on the 27th of the 2nd, 2020, and $1,900 on the 27th of the 2nd, 2020, to my 2020 election campaign. As a result of my conflict of interest, I will now leave the meeting room before the

00:22:00 matter is considered and voted on. Thank you, Councillor Wegener. Councillor Wilkie: Thank you, Mayor Stewart. The protocol requires that the deputy mayor takes the chair while the mayor is absent. We have councillors, we have a motion to force. Deputy Mayor Stockwell: I'm happy to refuse on the grounds outlined in the motion. Councillor Wilkie: We have Councillor Stockwell. We have a seconder, please. I second. Seconder? Any other councillors who wish to speak to the motion? I do not. Any other councillors wish to speak to the motion? We'll put the motion all in favour. That's carried. May I have the mayor back, please. Mayor Stewart: We are now up to item five on the general committee recommendations on page 16 of the agenda. Okay. Item 5, 2021-2022 Environmental Grants Program, Round 2, Councillor Wegener.

00:23:00 Councillor Wegener: Aye, Councillor Wegener, inform the meeting that I have a declarable conflict of interest in this matter as I am the President of Permaculture New South, which is applied for funding under the Climate Change Response Grant Category of the 21-22 Environmental Grants Program, Round 2. As a result of my conflict, I will leave the meeting room while the matter is considered and voted on. Mayor Stewart: Thank you, Councillor Wegener. Deputy Mayor Stockwell: I, too, wish to declare a declarable conflict of interest in regard to the Climate Response Grant application submitted by Zero Emissions Nurses Group. Once again, it's quite a long declaration, but it is exactly the same as on Monday, and I put that there as read. Similarly, I declare a declarable conflict of interest in relation to the application by Nurses District Landcare, once again, by the same reasons that I've declared several times. I, too, wish 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.

00:24:00 Councillor Jurisevic: Councillor Whishlett. Madam Chair, I will move that Council note the declarable conflict of interest by Councillor Stockwell in the term that is in the public interest that Councillor Stockwell participates and votes on the matter, because Council believes that he does not stand to receive personal benefit or loss of notion of the matter, and does not have a close personal relationship with Mr Wright for Landcare, I do so on the grounds that we've already discussed the matter before in previous meetings and Council of Stockwell's association with those entities and have come up with no concerns with him being part of the meeting. Mayor Stewart: Thank you, Councillor Juriswitch. I'll put the matter to vote. All in favour? That is unanimous, noting that Councillor Stockwell did not vote. Thank you, Arinda. Can we have a mover for the recommendation, please? I'll move it. Councillor Wilkie. I'll second it. Councillor Finzel. Thank you. All in favour? That is unanimous. Thanks, Kath.

00:25:00 Deputy Mayor Stockwell: I'll point the border. As the recommendation coming from the General Committee has no reference to the eastern beaches, I don't agree with it and we need to be clear. That's okay. Thank you to the各 Aerostar. Thank you to the City of Canberra and to the members of the City of Canberra. Councillor Wilkie: Thank you. And I want to thank the Council for their support and again, thank you to the Council for their generous support and your opportunity to assist us with the meeting. Thank you. It's a pleasure. Thank you. Thank you. Thank you very much. Thank you. Mayor Stewart: I think to be safe and to be overly cautious, we should declare. Thank you, Councillor Finzel. Thank you for noting that. Speaker 3: I, Councillor Finzel, inform the meeting that I have a declarable conflict of interest in

00:26:00 this matter, as on 5th of March 2020, Mr Peter Butt, who is an executive member of the Eastern Beaches Protection Association, donated $1,666.66 to my 2020 election campaign, where I was one of three candidates that ran as a group known as Future Noosa, which is no longer an entity. Although I have a declarable conflict of interest, I do believe a reasonable person could have a perception of bias because I believe that I do not have a close personal relationship with Mr Butt, and I believe I can consider this matter impartially and in the public interest. 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 meeting. Thank you. Councillor Lorentson: I, Councillor Lorentson, inform the meeting that I have a declarable conflict of interest in this matter, as my brother, Gabriel Cherosani, owns a property at Beaches Estate, Sunrise, and is also a member of the executive committee of the Eastern Beaches Protection Association.

00:27:00 During my election campaign, my brother helped me with my campaign, handed out voting cards until my election signs were outside his property on David Lowe Way. Although I have a declarable conflict of interest, and I believe I could consider the matter impartially and in the public interest, 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. Thank you. Thank you. Councillor Jurisevic: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Mayor Stewart: Thank you. Thank you. Councillor Jurisevic: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.

00:28:00 Thank you. Thank you. Thank you. This comes up during the Lake Doonella foreshore management plans because the original recommendation by staff referred to that plan as part of its recommendation and conflict of trying to achieve two foreshore management plans within the one financial year. Mayor Stewart: Thank you, Councillor Gristowich. We will put the matter to a vote. All in favour? That is unanimous, noting that Councillor Finzel and Councillor Lorentson did not vote. Thank you, Elinda. Councillor Jurisevic: Once again, I will move that Council notes the declarable conflict of interest by Councillor Lorentson and determines in public interest that Councillor Lorentson remain in the meeting room for this item on the condition that she does not participate in the debate nor vote on issues regarding the private estate along the eastern beaches because Council believes that Councillor Lorentson can provide valuable input into the decision and therefore a reasonable person would pass that the final decision is made in public interest. Mayor Stewart: Thank you. I'll second it. Thank you, Councillor Wilkie. All in favour? That is unanimous.

00:29:00 Thank you. Joanne Wright: No. Mayor Stewart: No. No. No. All in favour of noting that Councillor Finzel and Councillor Lorentson did not vote, can I have a move for recommendation? Councillor Jurisevic: I will move the Councillor's resolution that Councillor note the report by the Environment Services Manager acting to the Planning and Environment Committee meeting dated 7th December 2021 and that the potential new initiative to produce a foreshore management plan for Lake Doonella be referred to the 2022-23 budget process so that it can be assessed against other priorities set down in relevant strategies and plans. Mayor Stewart: Thank you Councillor. I'll second that. Thank you. Councillor Giles. Councillor Jurisevic: Look, I'd just like to thank the deputation that was presented to us tonight and taking the time to address council on the matter. The Lake Doonella foreshore management plan is one that I presented as a way, as a means of resolving a number of the conflicts that have arisen in the last 12 months around areas in Lake Doonella as outlined by the deputation and I welcome the opportunity for this foreshore management plan.

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00:30:00 To be presented as a budget item for next year's budget consideration. Mayor Stewart: Thank you Councillor Driscoll. Would anyone else like to speak to this? No. Would you like to close, we'll put the recommendations of the vote all in favour. That is unanimous. Thank you. Item 7, MCU 21 slash 0104, application for material change of use, motorcycles, scooter sales, and repair, and caretakers' needs. We have received advice from staff that the applicant for this item has stopped the decision period for 40 business days to support the provision of additional information to council for assessment. This means council cannot decide the application or the decision period remains stopped. Therefore, I move that council note the report by the development planner to the general committee meeting date 13th of December 2021 regarding application number MCU 21 slash 0104.

00:31:00 For material change of use, motorcycle, scooter sales and repair, and caretaker's accommodation situated at 16 Rennie Street, Noosaville, and note that the applicant has stopped decision period pursuant to the Planning Act 2016 in order to provide additional information to council for assessment. Can I have a second? Thank you Councillor Finzel. I won't speak to the motion. All in favour? Anyone else have to speak to it? No. All in favour? Carried unanimously. Thank you. Item eight, housing needs assessment. I would like to move the recommendation with the addition of an item G as shown on the screen. But the housing needs assessment and housing strategy further consider the specific housing needs for key workers and explore all opportunities for appropriately located accommodation types,

00:32:00 including a national housing strategy, as well as a national housing strategy for key workers. This is an analysis of whether the industrial zone should provide for key worker accommodation. Councillor Jurisevic: Chair, I'll second that. Thank you Councillor Finzel. Mayor Stewart: I do so because this matter arose on Monday and we talked about it and we talked about support for it, but we were all united in the fact that we needed to go through proper process. We needed to undertake further study. We have a housing report before us dealing with a whole manner of opportunities, ideas and strategies. The addition of this one makes sense. We went round and round with this on Monday and as I said, we all agreed that we should not, in the case before us, make policy on the run. That is ensuring that we take the necessary and relevant steps, the proper and due process is given to the idea, the opportunities, the benefits and the costs are weighed up in detail. This kind of accommodation is, in my opinion, worker accommodation in the best sense and it needs further investigation. And its merits need to be debated and discussed by our strategic planners, our economic development

00:33:00 team, our DA team and a whole host of others, including ourselves. We know we are in a crisis. We know it's not business as usual. We know workers are finding it almost impossible to find a place to live. We acknowledge all that. Now let's put our money where our mouth is and act on it, or at least agree to explore the opportunities for industrial zones to provide key worker accommodation. Councillor Wegener: I'd just like to quickly note, I've been following my local GP, a very well-paid person, a person who is very overqualified to be a GP in Cooroy. He's been a need assistant, worked throughout the world. And he just loves Noosa, wants to live here. And he sold his house before COVID. Now he decided to be a renter. Last Monday, he went through the entire range of jobs. He sold his house to try to find a rental accommodation.

00:34:00 He could happily pay $1,200 a week. He could find none in Noosa. So the thought that I would like to present to planning is that a key worker includes doctors, includes very, very well-paid people. It's across the board. It's not only our hospitality and so forth. This includes the most well-paid people. They can't find places to live in Noosa either. So I just wanted to make that note that it's much broader than we may think. Mayor Stewart: Thank you, John. I should have also noted, we have Kerry here, if anyone has any questions in regard to letter G. Kerry, there's no questions. Is there any questions? No. Councillor Jurisevic: I'm happy to support that additional clause. I think the debate and the discussion around this led to item F being added on Monday to advocate to the state government for their role as a key worker in Noosa.

00:35:00 And the challenges that are presented as a result of the current policies regarding this and long-term lack of support for these type of elements in the state housing that is causing us to look at areas like G and seeing whether there are other areas and other opportunities within our planning scheme and our planning zones to see where we can accommodate key workers because it is a challenge for our community going forward. Like Councillor Wegener, this week I have had someone that is closely known to me and via social media has declared that they have been made homeless by, one, coming to the end of their tenancy agreement and the owner no longer wishing to continue that tenancy agreement and struggling to find a locality in which to live within our shire. Following on from that, several other people on the same post have said the same thing, coming to the end of the finance, coming to the end of the,

00:36:00 the calendar year at Christmas time that presents another element of struggle and challenge for all families within the shire that find themselves in that situation. So I'm more than supportive of the Mayor's process here in getting the housing needs assessment overtaken in June. Thank you. Speaker 3: I would like to take this opportunity to thank the Mayor for bringing this forward and for the councillors for raising this debate when it came to this. I think we've had the opportunity the other day. I think given what we've heard around the table and across the past year around the housing crisis, it is appropriate that we do leave no stone unturned and that we look at every opportunity to house our residents in the shire, especially our key workers, our essential workers who are the most casualised and often but not always one of the lowest paid in our community. So thank you. Councillor. Yes. Councillor Wilkie: Look, I'll be supporting the Mayor's motion with the change because it's very carefully

00:37:00 worded because it includes the question of, the analysis will include whether the industrial zone should provide for key worker accommodation. This doesn't mean it's a fait accompli that will happen because a careful analysis will also present councillors with information about competing interests and how important the industrial estates are for the diversification of our economy. So I'll be supporting that. The question of competing needs, whether we need the industrial estates to help diversify and enrich our economy away from the traditional mainstays of construction and tourism or whether they become de facto housing estates will be a very important debate, but the Mayor's motion is an excellent one, very well worded and I'll be supporting it. Joanne Wright: Thank you, Councillor Wilkie. Councillor Watson? Councillor Stockwell? Oh. Mayor Stewart: You've waived my right to reply. Thank you. I put the motion to a vote. All in favour? That is unanimous. Thank you. Thank you, Elinda. That brings us to ordinary meeting reports.

00:38:00 Joanne Wright: I beg your pardon. Sorry, I beg your pardon. I beg your pardon. Mayor Stewart: I beg your pardon. Item 9. I beg your pardon. Draft economic development strategy 2021 to 30. Item 10. Fraud and corruption policy. Item 11. Financial performance report. November 21. Item 12. Confidential, not public release. Appointment of specialised supplier. The economic development event in 2022. Councillor Wilkie: Move the recommendation. Mayor Stewart: Thank you, Councillor Wilkie. I second. Okay. Councillor Finzel? Second. All in favour? Unanimous. Thank you, Elinda. We are now up to item 9. Reports directly to the ordinary meeting. Do declarations, please. We have two reports directly to the ordinary meeting, starting on page 22 of the agenda. Number 1. Further report MCU21-0154 development application for a material change of use home-based business

00:39:00 small-scale meat processing at 82 Paterson Drive, Timbeer 1. High Councillor Stewart informed the meeting that I have a declarable conflict of interest in this matter as I was approached by the applicant's adjoining neighbour, Kirsty Pocock, who advised me that our sons play football together. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I believe that I do not have a close personal relationship with Ms Pocock. I also declare that I similarly received a submission from Laura Prater, who also lives in the area. I have met Ms Prater on a number of occasions, and our children go to daycare together. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I believe that I do not have a close personal relationship with Ms Prater. I further inform the meeting that I have a declarable conflict of interest in this matter as when I attended an on-site meeting with the applicant, Adam Nielsen, on 15 December 2021, he advised me that he coached my son in cricket last year.

00:40:00 I had no recollection of this as I did not attend any cricket practices. When I asked him if we had met previously, Mr Nielsen advised that he waved and introduced himself to me once at a night cricket match when I was working in the canteen at the match. 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 believe I have a close personal relationship with Mr Nielsen. In regard to these three declarations, I believe I can consider this matter impartially and in the public interest, and therefore I choose to remain in the meeting room. However, I respect the decision of the meeting on whether I can remain and participate in the decision. Thank you. Thank you, Councillor. Thank you, Councillor. Councillor Wilkie: Councillors, do we have a motion before us? If someone can move on. Deputy Mayor Stockwell: I'll move the standard motion in relation to all three that Councillor Stewart be allowed to stay in the meeting. Councillor Wilkie: Do you have a seconder for that, please? A seconder, Councillor Finzel. Deputy Mayor Stockwell: I do so. As noted on Monday, the first two were declared.

00:41:00 The third one came up as a result of an exchange since. None of them meet the statutory benchmark for a declarable conflict of interest, so it's actually an excessively cautious approach of just putting everything on the table so the public knows, which is something we always encourage, and so it's something that is now on the record that would not prevent Councillor Stewart from participating in a unbiased fashion. Councillor Wilkie: Thank you, Councillor Stockwell. Any other Councillors wish to speak to the motion? Put the motion. Those in favour? That's carried. That's all Councillors except for Councillor Stewart in favour of that motion. Unanimous? Unanimous. Unanimous. Thank you. Thank you. Mayor Stewart: Thank you, Councillor Wilkie. We have Kerry Coyle, our Development Assessment Manager, and Leo Jensen, our Acting Director of Environment and Sustainable Development here for this report.

00:42:00 Kerry, could you please give a summary of this report? Speaker 4: Sure. So this is an application for a home-based business. Thank you. This is an application for a home-based business for a need processing facility. To operate on a rural residential property in Tewantin. The application is to be operated solely by the resident of the property, with no employees on site. Once a week, the resident will harvest deer, and the deer will be eviscerated and blighted out in the field. They'll then be wrapped and returned by vehicle to the property, where they'll be processed in the shed. So this is an application for a home-based business. The shed is approximately 51 square metres. It's a small shed on site. It has already been fitted out for this purpose, and it's a fully inshore shed. So 98% of the adult product has been used in the meat processing facility, or used for

00:43:00 product, for future sale at the market. So the operator will transport the product to the market, both on a Saturday and a Sunday. So there's some further information on the application. There's some material in the report to Council at the ordinary meeting that talks about the meat processing will only occur two days a week, between 8 and 5 p.m. So we have received a number of submissions to this application, 16 properly made submissions and eight not properly made. To be fair to say, residents were very concerned about this proposal. They feel that the nature of the business is not appropriate for the site, and that it will adversely impact on their amenities that they currently enjoy from the proposal. They're also concerned that the scale of the business is low, even though the application is generally of quite small scale. They're concerned that it is low in time. So the application is recommended for approval by officers.

00:44:00 Officers have found that the proposal is compliant with the funding scheme, that the proposal is small scale in nature, will be fully contained within the shed, and for that reason it will not adversely impact on the residential amenities of the site. So it is recommended for approval. There's a number of conditions that are recommended to control the scale in the future, and to ensure that the business is in the best possible condition. Councillor Jurisevic: Do you have a question? Yeah, I have a question to start. You stated there, and it's something I've heard from a number of those concerned about this, the scale of the operation, if the scale continues to grow. The element of conditions on a planning approval. What is the power of those conditions? And what, if the applicant breaches those conditions, what are the relevant actions that are undertaken? What may be undertaken? Speaker 4: So development approvals are enforceable under the Planning Act Regulations in the

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00:45:00 Office of Pencils for Enforcement, through the Show Cause Enforcement Emotions. All Councils also able to issue infringement notices, fines, and more compliance with development approvals. Ultimately, if there's further issues and the applicant continues, Councils are able to take action through the Planning Act Regulations as well. Councillor Jurisevic: So could that result in the approval being withdrawn by the court? Speaker 4: Not withdrawn, but the court can give orders for compliance with the approval, and it's a very experienced offence to breach a court order, including jail time. Okay. Councillor Jurisevic: Thank you. And those conditions are, condition 17, that the harvesting vehicle is required to be enclosed or fully covered such that carcasses are not visible during transportation.

00:46:00 18, to minimise the potential impacts of the operator's vehicle and refrigerated trailer returning to and departing from the site, the operator must dim vehicle lights at night time when departing and returning to the site if safe and practical to do so. And B, keep mechanical equipment associated with refrigeration and cooling of the trailer turned off until the vehicle has left the subject's site. Under landscaping works, condition 19, the access handle must be densely landscaped with native vegetation plants and shrubs to provide a dense screen of vegetation between the driveway and neighbouring residents. And 20, all landscape works must be established and maintained in accordance with the approved regulations. This is designed for the life of the development and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached. Speaker 4: Thank you, Councillor Rispich.

00:47:00 Thank you, Councillor Finzel. Councillor Joy. Councillor Wilkie: Just a, sorry, it's a point of order. This is marked as an amendment. This is actually an original motion. Councillor Jurisevic: Yes, it's not an amendment. It is a continuation of the original motion. Additional conditions to the original, to the original motion. Just take out the heading. Yes. Amendment. Mayor Stewart: Thank you, Councillor. Thank you for, thank you for raising the point of order. And that was seconded by Councillor Finzel too. Deputy Mayor Stockwell: And the wording. The wording will be that the development be approved subject to conditions recommended by staff with the addition of. Councillor Jurisevic: Subject to conditions recommended by staff with the addition of. Deputy Mayor Stockwell: With the conditions recommended by staff.

00:48:00 And the addition of. Joanne Wright: Conditions. Yes. Deputy Mayor Stockwell: And take out, 17 to 20. Take out. Added to. Be added. If you delete the two words, be added, it will make sense. Councillor Jurisevic: Yes. Deputy Mayor Stockwell: Yes. Councillor Jurisevic: Okay, happy with that. Thank you. Speaker 3: Thank you. There's something in the sentence around the landscaping, though, which is quite reasonable. Yeah, the access handle. Councillor Jurisevic: The access handle. So to clarify, and I'll use my planning assessment officer here, the access handle was wording that was provided by planning staff. If you'd like to clarify the definition of access handle so it'll be clearly understood by both the applicant and anybody that wishes to question. Speaker 4: The lot is termed as a balalaic-shaped lot,

00:49:00 so it's access to the area and access handle or a driveway. So it's just a reference to the shape of the lot or the driveway. So the condition requires landscaping along the driveway. Joanne Wright: Thank you, Kerry. Councillor John. Councillor Jurisevic: Thank you. If I may talk more. Yes, I do move the staff recommendation. Staff, in their professional opinion, have assessed the application before us and have deemed that it meets the planning scheme and meets the left-hand column of the planning scheme, which is the performance outcomes of the planning scheme. The reason for adding these four additional clauses are to meet the concerns that I heard from residents when we were attending the site with regard to, one, carcasses being only covered in a muslin top and that people could see, visibly see carcasses being transported to and from the site. And I don't think that that's necessarily something

00:50:00 that everybody would like to see. To minimise the impact on the vehicles returning at night, particularly at 2 o'clock in the morning, to dim the lights I don't think is an unacceptable request of the applicant when he's driving into the site, that he keeps his mechanical equipment turned off until he has left the subject's site so that it is not to disturb. I don't know about any neighbours if the generator is operating on that. And the additional landscape works is something I heard from the, directly from the neighbour joining the property of that driveway, that they can see the vehicle coming up and down the driveway, that the lights could disturb them, that the sight of the animals and the knowledge that the animals have been transported there on time. So the additional screening was to address the concerns that I heard from both neighbours and other residents with regard to those elements of impact that they felt they could not, could not. Joanne Wright: Thank you, Councillor Jones. Councillor Jurisevic: I'll continue on after that. Yeah, I don't think, and I do, I do support this for several reasons.

00:51:00 I have, and I understand the actions and the operation of a business like this. I had a butcher, an uncle that was a butcher growing up, and we conducted this sort of activity on, at home on a regular basis. We would go out to a farm, we would acquire an animal, we would eviscerate the animal, we would bring it home. And my uncle would, would attend to that as part of our cultural growing up with a European background, not on a rural acreage of life, but in a domestic shed on a domestic property. So I've, I've seen and understand the impacts and the concerns of residents with regard to how this process is undertaken. And I believe that those, those elements of that can be managed. I've also, I've also heard the concerns about the refrigerated vehicle and the refrigerator trailer. I used to operate a refrigerated vehicle and had it parked on a domestic property

00:52:00 here in the Shire. So I understand the potential impacts of, of the refrigerator vehicle, having had one myself and operated it. So I have heard and heard the concerns and I, but I believe, like staff do, that the, the, the impacts of this development application can be managed and can be managed with impact, with, with various conditions. And those additional conditions, I think, add to the concerns of the neighbours. Councillor Lorentson: I'd like to ask, I'd like to ask a question. The Home Based Business Code and the NUSA Plan stipulates AO 9.2 that on properties less than four hectares in area, the home based business does not include an operation that would otherwise be defined as a low impact industry. My question is, why, why is that condition included?

00:53:00 Speaker 4: Sorry, Councillor, did you say why is that condition included? Yes. What meant that? Councillor Lorentson: Why does the Home Based Business Code include that condition for low impact industries? Should not be located in properties less than four hectares? Speaker 4: Sure. So the NUSA Plan is a performance based planning scheme, which is required for all planning schemes across Queensland. That's how the planning legislation works in Queensland. So the planning scheme is set up in terms of the Home Based Business Code. You have performance outcomes and you have acceptable measures. So the applicant has the choice to meet either the performance outcomes or the acceptable measures. The acceptable measures usually start out quite specifically and without trying to minimise and manage potential impacts of home based businesses on residents. So there is an inference by the accepted measure

00:54:00 that these types of industries would not be appropriate on the smaller rural and symmetry blocks. That's what the acceptable development standard is saying. However, we must also look at performance outcomes. And that comes down to can this business operate on the site without adversely impacting nearby residential amenities with climate change. Councillor Lorentson: Would you consider that the properties located along Patterson Drive as relatively small rural blocks? And if so, was this taken into account as part of the assessment? Speaker 4: So the properties are under the planning scheme in the rural residential zone. They are all similar in size along there. They're generally consistent with what you would find in the rural residential area. They're home, you know, lifestyle properties. On a rural residential property,

00:55:00 you would expect some rural activities to occur. People may choose if their property is large enough to have some animals on the site or to carry out some small-scale rural activities. So the business of home based businesses is a consistent use in that zone. It is expected that home based businesses would operate in the area. And again, it's about whether the business would successfully operate there without adversely impacting residents. Councillor Lorentson: In the report, there's a statement that the proposed use maintains a domestic scale and operates in a manner that is subordinate to the residential use on the premises. Can you explain how a median impact industry is domestically small in nature and how a meat processing industry is subordinate to the residential use of the property?

00:56:00 Speaker 4: So the proposed business is to operate in a shed that is 51 square metres. So that shed is much smaller in scale than the house on the site. It's supposed to be operated by the resident. There are no employees proposed as part of the proposal. So the business is fully contained. So any potential noise impacts are managed by the fact that it is within an enclosed building. So that is why offices are considered to live on an appropriate scale. Councillor Lorentson: And in terms of the retrospective approval, this is for possibly the benefit of people watching tonight and also people in the audience. The applicant has said and he generally did not, he believed that he generally did not need

00:57:00 to apply for a development application for his business. And that he contacted council planning and building offices prior to retrofitting his sheet for advice. Can you talk me through this please? Speaker 4: I understand that he did contact council prior to doing any fit out of his shed on site. So he contacted the planning officer in my team. That panel is no longer with us so I don't know the extent of the conversation. But I do understand that he took from that conversation that he did not require a planning approval to operate the home based business. And so he proceeded to buy the equipment necessary to fit out his shed for this business. Councillor Lorentson: So rhetoric question but in his opinion he genuinely believed that he was following due process. Speaker 4: Yes, I understand that. That's my understanding that he thought he was following due process. Thank you.

00:58:00 Councillor Jurisevic: So just to follow on from that question, if this wasn't a business operation, does the owner have the right to hunt an animal, bring it home eviscerated and clean the animal up and prepare the animal for home use if it was not a business activity? Speaker 4: Yes, that's correct. If he were to do it for his own purposes and not look to sell any of the product and just for his own personal use, he would not require any service on that business. Councillor Lorentson: Mr Wilkie. Councillor Wilkie: Yes. If the applicant had approached council staff for a pre-lodgement meeting and hadn't built the facility and said this is what I'm intending to do, would the staff have been encouraging him in that regard or advising that it's an appropriate land use on that lot? Speaker 4: Yes. If he had had a pre-lodgement with staff, we would have taken him through the planning scheme requirements

00:59:00 for a home based business. And he needs to know those requirements because for home based businesses, a scheme does envisage a shed of its size in the use of a home based business. It actually permits him to have employees under our planning scheme if we wish to, but he has not applied for that in this instance. We would have talked to him about the potential impacts enabled but we would have talked to him about the mechanical equipment that he was using and that would have been our primary focus in such a meeting to ensure that it was fully contained and would not impact on his infidelity which we knew. We would have also talked to him during quakes of how he was going to deal with that and obviously he comes once a week and arrives around 10am in the morning so that's something we would have thought of. But yes, in a pre-lodgement meeting he is subject to considering any submissions received from residents and what submissions

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01:00:00 need to be made. Councillor Jurisevic: And in conjunction with the building application are you aware if the applicant has the necessary approvals, plumbing approvals and waste trap process approvals on the property? Speaker 4: Yes, he does. He has obtained appropriate plumbing approvals and has gone through the inspection for our plumbing department on site. The work that he has done to the building in the fit-out whilst I'm not a building certifier in my opinion may require a building approval and he has not obtained that and so if council were to approve that application that will be a requirement to obtain the building approval. Councillor Lorentson: I'd like to move an amendment about this permit that lapses on 17th December 2022 unless written consent

01:01:00 is provided by council to extend the approval. In this assessing and extension council will have regard to any complaints received from nearby residents concerning breaches of the development approvals and any other relevant matters. I'll second that. Mayor Stewart: Thank you, Council Wilkie. Amelia. Councillor Lorentson: I'm going to be upfront. I'm not supporting this application to approve the application but I've included this amendment because the interest of the community and their welfare matters to me and in case this motion is successful I think it's just prudent to add a clause like this. Speaker 4: I think Councillor Wilkie: it's fair to say that the feelings and opinions of our community matter to everyone around this table and it's clear from the conditions and

01:02:00 the impacts the way the impacts have been managed that this very highly likely this application will be approved tonight but this is a very good way of ensuring that the community will have ongoing input through proper process if any of these extensive conditions are breached. Impacts that the community have raised regarding noise from machinery are square especially when it's operating smells traffic are very real and they have very real fears and about these impacts being severe and there's the sort of impacts that anyone in any community with this sort of application next law could likely feel. So, this is a good way of ensuring that the applicant stays within the confines of the conditions

01:03:00 and operates his business lawfully and it does give council the opportunity to consider carefully how these conditions have been abided by with strong regard to the resident views in the meantime. Joanne Wright: Thank you, Councillor Wilkie. Does anyone else like to speak this morning by Councillor Lansden? Can I just have a quick question to the staff? Sure. Are you able to explain how this process would work and is it how would that work? Speaker 4: So, this is a condition that some have drafted the council for many years and it is one that we have used on other approvals in the Shire where we had some doubt about the purpose of operations and whether it would be successful in meeting these conditions. So, it is consistent with other

01:04:00 approvals we've given but it's intended that before the 17th of December 2022 the applicant would write to council and they would request the extension to this time frame in order for this development approval to continue. At that time officers would prepare reports to council and we would include any issues raised throughout the next 12 months by residents and we would make a recommendation to council as to whether it should be extended or not. If the applicant was not to make that request before the 17th of December 2022 we could remove that. If similarly the council did not agree to extend the approval we could remove it and be finished with the amendment. Thank you sir. Councillor Wegener: When it comes to that I know that the No Worries Caravan Park had a similar clause and they weren't notified

01:05:00 and the council and the extension left because it was just a loop up. What sort of notice do you give them notice to say hey to remind them that this is coming up? Speaker 4: The applicant was actually advised of that so there was discussion before the day it left or a few days before it left and the applicant didn't make that application and though we do not have practice of informing applicants around this time that their responsibility to track themselves is one of their conditions and they would need to be attacked. Councillor Jurisevic: So in that regard how would any complaints received be dealt with and what would be considered a breach of the development preconditions? Speaker 4: There's conditions recommended to council around noise. There's a number of conditions recommended about not having fasting more than five years.

01:06:00 We've received correspondence from the applicant raising concerns that there are breaching those. There would be an investigation by office to determine whether there was a real breach and that would form part of the reports you can't view. Joanne Wright: Thank you. Does anyone else like to speak to this amendment? Deputy Mayor Stockwell: Just one question. You made the statement that you've used this in the past where we had some doubt about the conditions. From your report there didn't seem to be much doubt and the description of the process around noise and lights to me it doesn't appear that there would be much doubt that this is an operation that could be effected within the planning scheme. Is that correct? Speaker 4: That's correct. Officers are not recommending this commission. Officers have drafted it for the council. So we are satisfied with the way it's going to operate and we've had conditions

01:07:00 of approval and also in a manner that will not have a big impact Joanne Wright: on the community. Speaker 4: May I speak to this amendment? Councillor Laurenston, would you like to close? We'll put it to a vote. All in favour? That is Councillor Jurisevic, Mayor Stewart: Councillor Finzel, Councillor Lorentson, Councillor Wilkie, Councillor Stewart. Against? Councillor Stockwell, Councillor Wegener. That is included now in the original motion passed. We go back to the original motion and the only person who has spoken to that is Councillor Jurisevic. Councillor Wilkie: Look, I'll speak to that. Councillor Jurisevic: Thank you, Frank. Look, Councillor Wilkie: before Councillor Jurisevic closes, I need to say if you think the most critical aspect of a planning scheme protections for neighbours in situations like this

01:08:00 is the performance outcome. It requires that a home-based business does not result in noise, vibration, odour and other negative impacts for neighbours. These are exactly the concerns that neighbours in Paterson Drive have expressed in writing and in person about this operation. Perhaps the most worrying and impactful is the noise and potential disturbance coming from machinery and the sound of machinery in operation. These very real and entirely understandable fears no one anywhere could likely have in this situation as I said before. At Monday's meeting and in the report it was stated I had no way of knowing the veracity of that at that stage because it was when the machinery is in operation that the neighbours expressed to me that they had the most concern.

01:09:00 They feared there could be the sound a high pitched sound of the saw going through bone and when the mincer is in operation. So we have to see for ourselves and hear for ourselves what that was like. I was not prepared to accept the conditions of the shed until I had seen for myself. We had a site visit there yesterday and I was standing next to the shed and when the machinery was in operation it was a hum and it was very difficult to distinguish when the saw was operating through the bones. I had to I was surprised to hear that it had actually occurred on several occasions. So I had convinced myself that the impact in terms of the operation of that machinery on neighbours was not as loud as feared but me saying that there is no consolation for the people who have got to live here they are still very distressed

01:10:00 that this is going ahead and that's why I'm pleased that is not the right word I am supporting the changes to the approval made by Councillor Jurisevic and Councillor Lorentson that will further mitigate the impacts of this home based business on neighbours and the residential amenity of the neighbourhood and also put in place a process whereby there is greater incentive for those conditions to be met if there is any doubt about them being met and a process for neighbours to have input into the council on an ongoing basis that will feed into the issuing of that approval after one year. It's one of the hardest things to have to do as a council we all want to serve and assist our community the best we can and delivering

01:11:00 difficult difficult news like this is very hard but not as hard for the people who are impacted by our decisions I'd just like to say that that's why I'm supporting this motion Councillor Lorentson: I have a question in regards to the sound monitoring unit that was used yesterday did we go back and conduct a test at night there was ambient noise yesterday during the day and my understanding that when you test noise at night it's fractional in comparison to daytime noise so will that happen? Speaker 4: The noise testing that was conducted this week was not completed council's environmental health officers were not able to take the test at all the sensitive processes that people have it was also there was some

01:12:00 problematic conditions on the site I'm not sure that's the best way to put it but the background noise was done while there was no wind occurring when the machinery were operating the wind was blowing there was also a number of people on site talking and children playing so the readings during the day were not consistent the readings we know we have not done readings at night if there are concerns raised in the picture by residents that's something we can look at during the readings to ensure compliance with the conditions remembering at night the potential impacts come down to the owner going out on site to do the harvesting and returning at night and the compressors from the refrigeration equipment on site is not operating the actual meat processing the buying floor etc at night and that's only operating during the day so the compressors are on site we heard it all the other day it is similar

01:13:00 to the cool clock noise for the expectation that it will not cause an issue at night but nevertheless Councillor Wilkie: it is important that the whole process is understood if this was to be refused tonight what would be the process going forward for the applicant what would this be to happen yeah Speaker 4: if the application was refused by council the applicant has appeal right to the planning and environment court speaking that the court considers the matter afresh including submissions made by residents and through that process there is a process whereby council would need to try and find experts to support their position from the commission that may be difficult the court will also order mediation between the parties and ultimately

01:14:00 there will be a trial equally if council chooses to approve so that would be lodged with the court passes and it would be recommended that it be represented and there's some more practices and if Councillor Wilkie: it was refused tonight would the applicant and their legal team be using the planning scheme and the councillors with the staff report as evidence to support their case Speaker 4: yes so the court would consider the application against the planning scheme and make a decision about whether it is compliant with the scheme so they would do their own assessment of the application scheme position they will certainly have regard to officers position and that will be recommended by the court Deputy Mayor Stockwell: there's been one case I think

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01:15:00 this term where councillors varied from a staff recommendation and went to appeal and then our solicitor's advice was to recommend the second because it's possible that because the councillors didn't follow staff recommendation the court's costs may have been given against us is that something that would be in the consideration of the court the fact that the councillors went against the court costs Speaker 4: there is that risk I agree and we have been advised before that we may be subject to cost cases against us where we haven't followed good process it is very difficult for costs to be awarded against councillors I suggest in the end that may not occur so it varies always that tension

01:16:00 Joanne Wright: thank you who would like to speak Speaker 3: to Joanne Wright: this Speaker 3: so if I Mayor Stewart: Joe has spoken and Frank Deputy Mayor Stockwell: okay Councillor Wilkie: and Mayor Stewart: Brian Councillor Lorentson: I think Deputy Mayor Stockwell: the the difficult part about this is the role of us as representatives of the community and we know the surrounding community is many of them has caused emotional stress but our role in determining statutory planning applications is very clear in law our role is to represent the communities which is as embedded in the gazetted planning scheme we don't have the luxury of taking grounds outside of what's allowed for within planning to determine

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01:30:00 today. Put that forward. Again, we've added additional conditions there to address the concerns that were raised by residents. And we've got 12 months now for both sides to actually see this in operation and see that it can meet and comply to the conditions that councillors have put to us. So for all those reasons, I will be supporting this. But I acknowledge the concerns that have been raised by the community, and wait to see the outcome in 12 months' time. Mayor Stewart: Thank you, Joe. We'll put the motion to a vote. All in favour? Councillor Stockwell, Jurisevic, Finzel, Wegener, Wilkie Stewart. Against? Councillor Long. Motion carried. Thank you, Kerry. Thank you, Leo. Thank you. Councillor Lorentson: Thank you. Speaker 2: Thank you. Thank you. Deputy Mayor Stockwell: The motions are going to

01:31:00 Mayor Stewart: The second item is the appointment of the Chief Executive Officer, New arbeiten Council. There are confidential attachments associated with this report. We have Deb our Director of Governance here. If any councillor wishes to discuss anything contained in attachment two or three in regard to the actual contract or this person will be required to go into confidential session. If not we can probably on the information we have before us in the ordinary report maintain openness Deb. Councillor Jurisevic: Madam Chair I'll move to staff recommendation. Mayor Stewart: Thank you. I'll second that. Thank you. Councillor Jurisevic: I do so on the basis of the information provided, the process that has been undertaken and I look forward to the opportunity of being able to make an announcement in due course. Thank you.

01:32:00 Councillor Wilkie: So just a question on that for those who may be listening and interested Deb, when will we be announcing publicly the appointment? Speaker 4: Before we can announce publicly the contracts have to be executed by both the Mayor and the successful candidate in this. So hopefully that will happen as soon as possible. So it is possible that that could happen tomorrow. Mayor Stewart: I'll speak to this. What I am going to outline here is what Deb has put in a very thorough report and I thank her for all her hard work. Thank you. She's worked very hard to get this contract executed. The steps in regard to this process have been significant, an incredibly long, detailed and thorough process. There was originally on the 14th of July 2021 a request for a quotation for the procurement process went out to manage the executive search and assessment process to secure a new CEO for Council.

01:33:00 A number of recruitment companies applied and went through a proper procurement process. Davidson rated highest and were awarded the tender. The managing partner and senior staff engaged with all councillors in the development of the success profile of the position, including the priorities for a new CEO that we as councillors collaboratively worked on. We engaged Mercer to undertake an independent for enumeration review of the CEO position. A panel was formed comprising myself, the Deputy Mayor, former CEO of Noosa Council, Victor Bruce Davidson. And Ryl Gardner, a non-executive director and former financial services executive with 30 years experience at major ASX companies. The panel then interviewed the shortlisted candidates and recommended the preferred candidates. Psychometric testing was undertaken for shortlisted candidates. Referee checks were undertaken for top preferred candidates.

01:34:00 A meeting with all councillors to review and discuss shortlisted candidates, interview outcomes, the preferred candidate and remuneration. Package was undertaken and pre-employment searches on the preferred candidate. 87 applications were received. The assessment of all applications and the identification of 13 candidates whom Davidson considered to be the most highly ranked against the selection criteria. The panel reviewed applications and shortlisted seven of the highest ranked candidates for interview on the 22nd of September 2021 and 16 of November 2021. Psychometric tests were conducted for the highest ranked candidates. And professional referee checks were conducted for the top four candidates. The panel was unanimous in determining the preferred candidate for CEO position. On the 11th of October 2021 and 29th of November 2021, Davidson facilitated meetings with all councillors to provide an overview of the selection process and the details of shortlisted candidates and interview results.

01:35:00 All councillors met with the preferred candidate on the 29th of November 2021 for a number of hours. All councillors were given the opportunity to speak with the preferred candidate and ask questions. And all councillors were supportive of the preferred candidate. The preferred candidate brings a significant level of experience. I don't think I can say too much more. I might stick with the process. I don't want to give it away. But all I can say is we've gone through an incredibly thorough process. I mean, they're the steps. No wonder Deb's tired, ready for a break. So I do want to thank Deb and the governance team for all their hard work in this. And I think this is a positive way to end what's been a difficult year. And may we all move forward together in 2022. Councillor Lorentson: I'd just like to add that I want to take this opportunity to thank and acknowledge our acting CEO, Mr Larry Sengstock.

01:36:00 Your leadership. Your guidance. Patience. We thank you for. Keep it. Joanne Wright: Thank you, Larry. Councillor Jurisevic: Very good. Anybody else? I'll close, if I may. If nobody else is getting up. You've stolen the thunder, Councillor Morrison. I, too, wanted to acknowledge the large, huge queues that you've taken on. Thank you. And filled in the early departure of our previous CEO and through the prolonged process that has undergone this, Larry. And you have been a guiding light, a shining light for all of us here. And I'm very pleased that you're a part of our organisation going forward. Absolutely. To all the staff that have had to endure additional work and additional stress through this process as well, I'd like to thank you all. Because working without the appointed CEO for the future is a challenge.

01:37:00 And look, I do look forward to when the announcement can be made. It'll be a Christmas present for this Council, the staff, and the organisation as a whole. But I hope that we can give you ho, ho, ho in the very, very near future. I look forward to the Mayor signing that document and getting it underway so that we can get it back as soon as possible. Mayor Stewart: Thank you. Anyone else like to speak? No. Sorry. Thanks, Hardin. I'll put Manitoba all in favour. That is unanimous. Thank you. We didn't have to go on to close. Thank you, Deb. We have one submission to public question time. Just a reminder that under our standing orders, no debate is allowed on these questions. The application is containing two questions. This is from Mr Brian O'Connor. Mr O'Connor, welcome. Speaker 2: My first question this evening, Mayor, is that does Noosa Council adhere to this position

01:38:00 with respect to parking in Pomona? And I'll quote, the Noosa Council traffic study 2017 to 32 identified that while variations in parking demand occurred, overall Pomona has survived. Therefore, there has been no plan to expand on parking for people who are deficient in parking. Lightly, this announcement is an amendment relating to the fact that the available parking outside the busy market period indicates that a higher level of parking availability services exist during non-peak periods and has been provided by Pomona. And that there are no plans for further parking infrastructure in the 10-year capital works program for Pomona. I'm quoting. We'll respond to that. Speaker 1: Thank you for your question. Based on results from the Noosa Council study, traffic study in 2017 and the recent review of parking carried out in 2021, it's considered that there is sufficient existing parking supply to meet the demand for parking in the Pomona study area of 2031.

01:39:00 When considering parking supply and demand across the study area, parking demand in Pomona does not currently exceed 75% of parking supply, therefore no immediate intervention is required. As such, there is no funds budgeted for car parking in Pomona in the 10-year capital program, as this aligns and reflects with our planning. We acknowledge that parking availability can fluctuate, particularly during busy periods. But from the information we have, there is no need for additional offsets. So we will definitely promote the use of public parking. Thank you. Mayor Stewart: Thank you, Larry. Brian, I believe you have another question to our director of community services, Kerry Contini, who will respond. Yes. Speaker 2: Can Noosa Council please identify definitively the site, building, structure, or dedicated location where the people of Pomona can conduct commemorative services

01:40:00 Speaker 4: Thank you for your question Brian, Pomona has a number of locations which commemorate people who serve in those roles of war and conflict, that includes the Pomona Memorial School of Arts Hall and the Memorial Rotunda. Joanne Wright: The Memorial Hall also includes the Royal Honour Board for the promotion of our districts honouring those people who died in service in World War I. Speaker 4: The Rotunda is located in Jobezo Park and so is generally open freely to those people who would like to sit and contemplate those people in the memorial. Joanne Wright: And commemorative services on public land will be considered through our event application.

01:41:00 Thank you. Thank you for your question. Mayor Stewart: Thank you, thank you Mr O'Connor, thank you Kerry. That brings us to the end of our agenda. This is the last meeting for the year. I'd like to personally thank Alinda and Kat for all their hard work. I'd like to thank Kerry, Deb, Kim, Trent, Leo, Anthony and all our exec team and acting exec team and people who have filled in. You guys have been terrific. We're so grateful for your support. And I'd especially like to thank Larry who has been a wonderful acting CEO. And I think the reason we weren't in such a hurry and we were comfortable with our weight was because we knew we were in such good hands. So thank you, Larry, for all your support. And thank you very much to all my colleagues around the table. It's been a challenging year. No doubt there's more to come, but onward and upward to a bigger and brighter 2022. Thank you. I wish everyone all watching a very Merry Christmas, a safe and happy holiday period.

01:42:00 And as I said, may we all move forward together in 2022. I declare the meeting closed.