Before the first item ¶
00:00:00 Mayor Stewart: We are meeting on the traditional land of the Kabi Kabi people, and I pay my respects to the Elders past, present and emerging. All councillors are in attendance and we have a number of people in the gallery this evening, so welcome to everyone who is in our gallery. Confirmation of minutes. Can I please have a mover for the confirmation of minutes? Thank you, Councillor Limestone. Second, Councillor Finzel. Thank you. All in favour? Carried. Deputy Mayor Stockwell: Before I do that, there's two different lots of minutes. Which one are we doing? Mayor Stewart: This is the ordinary meeting. Thank you, Councillor Stockwell. All in favour? Thank you. All in favour of those minutes? Thank you, Councillor Stockwell. A mover for the confirmation of the minutes of the special meeting. Thank you, Councillor Wilkie. I'll second it. Thank you, Councillor Orrington. Seconded, Dr Stewart. All in favour? Carried unanimously. There are no mayoral minutes. Are there any petitions this evening? There are no notified motions and there are no presentations. But I do believe we have one deputation from Mr Bob Hanson. Good evening, Bob.
3 MAYORAL MINUTES ¶
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4 PETITIONS ¶
00:01:00 Mr Hanson, would you like to come up? Yes. Mr Hanson, please come up to the podium and I believe you have a maximum of 15 minutes for your deputation. So welcome and thank you for joining us tonight. Councillor Orrington. No. No conflict? No. Okay. All right. I'll take the referendum conflict, please. Councillor Lorentson: I would like to seek advice through the CEO. CEO, given that this is not a decision-making process, is there the need for me to declare my conflict of interest? Speaker 3: Through you, Madam Chair, I don't believe so. But I think the fact that you have now, if we capture that on now, so for the sake of full disclosure, we're accepting that you stay in the room, I believe. Okay. Thank you. Councillor Lorentson: Thank you. Speaker 4: Thank you. Speaker 2: Thank you. You're always kind. Yeah. My name is Bob Hanson.
5 NOTIFIED MOTIONS ¶
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6 PRESENTATIONS ¶
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7 DEPUTATIONS ¶
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7.1 BOB HANSEN Topic: Noosa Short Stay Letting Licence ¶
00:02:00 Sorry, Mr Hanson. Sorry. Mayor Stewart: You don't have to describe what it's in. Councillor Lorentson: I'll make a declarable move for a decision. In accordance, excuse me, Bob. Sorry. Sorry, Mr Hanson. In accordance with Chapter 5b of the Local Government Act 2009, I make the following declaration. I, Councillor Lorentson, inform the meeting that I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heights. Since November 2020, this property has been used as short-term accommodation rental. So you want us to stay? Yeah. Given that the deputation is not for decision-making, I would like to just leave the decision to remain. I would like to remain in the room to the councillors in front of me. However, I respect the decision if they choose not to leave me in the meeting room. Mayor Stewart: I move that, um, Councillor Lorentson, um, that Council note the declarable conflict
00:03:00 of interest of Councillor Lorentson and that Councillor Lorentson stays in the meeting and participates because this is purely to hear and digest the information of the deputation and it's not in a decision made. It's in a decision-making context and that, um, all councillors and even the public interest, um, that Councillor Lorentson stays in the room. I'll second that. Thank you. Councillor Lorentson, any questions? Councillor Jurisevic: No, but I'll, I'll speak to what a nonsense this is. This is a, this is not a decision-making forum. The councillor can listen and hear anybody's opinion on any matter in any area of the, uh, of the, uh, of the, of the, of the Shire. So to have to declare this here is, uh, in my, uh, in my humble opinion, um, way beyond any of the, uh, uh, expectations of, of independent assessors with regard to declarations of, uh, of this nature. Mayor Stewart: I, I'd agree, Councillor, um, jurisdiction.
00:04:00 I think everyone has been coming into the season we are. Election season, everyone, everyone is being overly prudent. And I commend and thank Councillor Lorentson for, uh, being so transparent in this, um, matter. Um, anyone else like to speak to it? We'll put it to vote. All in favour? Carriage unanimously. Thank you. Councillor Lorentson stays in the room. Sorry, Mr Hanson. It's very long with the introduction to you. It's a new world we're operating in. Speaker 2: Don't worry. Um, the very last slide of this I give my congratulations. Um, uh, I graduated as a quantitative geneticist. I started work as a poultry breeder. You know, I graduated from family management. Went into business management. I'm now an agri-consultant for, mainly for banks. I help banks recover assets in the agri-business field. I'm, uh, I'm considered an industry expert. Uh, in, uh, in intensive lifestyle. Uh, but in addition to that, uh, we decided to retire in Noosa.
00:05:00 And, uh, we've more management rights in, uh, Noosa. Sunshine Beach. I wouldn't say I did a very good job of retiring. I've probably taken on more work than when I was fully employed. Uh, I've put together a presentation of, uh, about twelve slides. I only intend to talk to six or seven people. Um, the reason being, I'm trying to keep it to, like, half and nine minutes. And then you can ask me questions if you'd like. Uh, so if we flick on to, um, uh, slide three, Cathy. So this is just the basic outline of what I'm going to talk to. I mean, basically, what I'm trying to figure out is why, um, Lumura, Sunshine Beach, and others, certainly in our area, aren't exempted, uh, like Hastings Street and Noosa
00:06:00 Lakes. Uh, so if you now flick on to, uh, the next slide. So, the other ones, this is straight off your, uh, website. The other ones are the property, properties that, or regions that are exempted. But why aren't, uh, Noosa built and Sunshine Beach? In Sunshine Beach, it's definitely, we have very similar dynamics. Uh, to what's happening on Hastings Street. Um, one of our owners is a judge. And he said to me, well, Bob, there's more noise that comes from the, uh, surf club than there is from any noise from any owners. So, and that is the reason I'm actually making the presentation, because he is the one that pushed me to do this. If you go on to the next one, we are in a, uh, multi-use, high-use area. Uh, we're in the red zone. You can see that the surf club is just down here. And this is, uh, Duke Street.
00:07:00 Keep going, please. In our DA approval, we're approved to have 20 car parks with five off-site for off-street parking, which, when the DA was done, we were approved. And there was to be, uh, no detrimental or effective parking. This council approved that. So, the question to you is, why don't we have an exemption like everybody else? Because when I've been to your meetings that your staff have asked me to come to in the past, they say there are two reasons that you're bringing in these licences. One is noise from residents, or other nuisance like rubbish, car parking. And the second one is you're trying to get short term living out of residential areas.
00:08:00 So, I don't understand how this licence actually achieves what you're wanting to do. And if it does, why aren't we exempted? Like Hastings Street or Noosa Lakes. Go to the next slide please, Cathy. So, this here is our bylaws. I just took an extract out and this is the ones for our noise. So, no owners to have a party on the property. We don't allow noise from 10am to 8pm. There's no excessive noise from radio, TV, piano, no child crying. Guests who leave after 11 have to leave early. No extra cars. Now, in Noosa, sorry, in Lemur, the caretaker has the authority to police those matters.
00:09:00 Now, of course, to do a breach, the body corporate committee must do a breach, but the caretaker is on site. We'll go to the next slide please, Cathy. So, these are my son, he's the manager. Leah is our office manager. That's my company and me. We all have an RE licence. We're all fully licensed. Now, that's not actually a requirement under the Act. The Act is only the person that is the nominee manager has to have an RE licence. But I felt it was best practice that we did that. The reason being is that I won't owe my staff a trade. Next slide. Complaints from our apartment are zero that I know of. I don't know that there's any issue of complaints from our apartment. So, one of the points made in the circular put out by the Noosa Shire a couple of weeks ago
00:10:00 was that we were going to make a level playing field. Well, how can there be more level when we've already got zero? There are results with on-site management that's had issues from complaints, but I don't know who they are. I mean, at the meeting that you held here in February, I actually asked the question, how many complaints came from one resource with on-site management? And there was a lot of shuffling of papers, and somebody sort of muttered something like five, and said, how many are you entitled? 1,300. 1,300. Is that correct? Do we know how many complaints were coming from on-site management resource? Mayor Stewart: Good answer. And I notice we have some director of policy. Well, yeah. Speaker 2: Can we all say that this is a level playing field? Councillor Wilkie: We do, Bob. This is not a... Yeah. You have the right to ask.
00:11:00 I'm asking the question. Yeah. It's a return. Yeah. We listen to you. Yeah. We can provide you information on other things. Mayor Stewart: Yeah. Mr. Hanson, we're happy to take any questions, if you want to submit questions, we're happy to take them. Speaker 2: Well, I think that is one of the primary ones that I would apply. What are the issues being generated from on-site management resource? We can find that out for you. Yes. Thank you. Next slide. At Lemur, basically, all our apartments were built for short-term living. They're 112 square meters. They've all got minimal storage capacity. They're only got one car capacity. We do have two units where owners... Some owners stay there for up to six months and then let out their units still on a short-term living basis. So, at Lemur, we're 100% short-term living. So, at Lemur, we're 100% short-term living. Thank you. Thank you. So, next slide. And that's the end. That's my qualifications.
00:12:00 The questions... The question I have for you then is, why can't we have an exemption? Why a pacing street? That's the main question. So, I'll take any questions from you. Mayor Stewart: No. No. Any deputations to answer? We're not allowed to ask questions. Okay. It's an opportunity for you to put your case forward. And we can... As I said, we're happy to follow up with those answers to you in an email. Speaker 2: Okay. A couple of weeks ago... And now, I didn't put this in my presentation. A couple of weeks ago, you used to send out a... What do you call it? A short-stay letting of home, posted accommodation, local law, annual renewal and fees. No. In it, I find that there are a number of... Issues that I believe are incorrect. Significantly incorrect. Firstly, it implies that on Hasting Street, Noosa Lakes and a number of these other ones
00:13:00 that are listed on page two of that document, that there are no permanent residents. But we know there are permanent residents in there. The very last sentence of that document says that this will make a level playing field. Well, it's made an ill-level playing field. It's actually a discriminatory playing field. If you... If you have a management right on Noosa or Noosa Lakes or one of the other exempted facilities, you don't actually have to apply for a licence. The effect of actually having a one-year licence means that, in reality, our caretaker agreements, which, by law, are up to 25 years, are effectively up to 25 years. So you've made, you've made winners and losers in the Noosa Resort.
00:14:00 I have a paper copy of that, and I did put it onto a USB stick, so I'm happy to give you a USB stick. And that's it. That's my presentation. Mayor Stewart: Thank you very much, Ms Stanton. And we will have someone... We appreciate you coming in and stating your case. We'll have someone follow up with those questions that you have as well. But greatly appreciate your time. Speaker 2: Thank you. I'll give these to Karen. Mayor Stewart: Thank you. Thank you. Thank you. Thanks, Ms Stanton. Mayor Stewart: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.
8 CONSIDERATION OF COMMITTEE REPORTS ¶
00:15:00 2023 Audit Committee Briefing Paper. Item 6, 2023 Interim Report, Mr. Council. Item 7, Interim Audit Update. Item 8, ICT Cyber Risk Update. Item 9, 2022-2023 Shell Financial Statements and End of Financial Year Update. We'll move over for these recommendations, please. Thank you, Councillor Lorentson. Seconded, thank you, Councillor Wegener. All in favour? Carried unanimously. Thank you, everyone. Item 8.1, 8.2, Planning Environment Committee Report Recommendations. Item 5.1 was referred to the General Committee. Item 5.2 was referred to the General Committee. Item 5.3 was referred to the General Committee. Item 5.4, Planning Applications Decided by Delegated Authority, June 2023, Councillor Stockwell. Deputy Mayor Stockwell: Yes, I wish to make a declaration in regard to a prescribed conflict of interest
00:16:00 on Suncoast building approvals as per my declaration, and I will leave the meeting room and advise there has been one slight change. I've now received building approvals through them. Councillor Lorentson: Thank you, Councillor Stockwell. Do you want me to add that in? No. Councillor Wilkie: Yeah, I'll move item 611. Thank you. Mayor Stewart: I'll second it. All in favour? Carried unanimously. Thank you. Thank you. Councillor Wilkie: I'll also move the resolution on the committee recommendations. Mayor Stewart: I'll second it. All in favour? Carried unanimously. Thank you. We're up to item 8.3.
00:17:00 Three, services and organisation recommendation. Item 5.1, amendment of general committee and ordinary meeting dates October 2023. 6.1, capital program 2022-2023. 6.2, who's the holiday parks in the date? Councillor Jurisevic: Thank you. Mayor Stewart: Seconded? Thank you, all in favour? Carried unanimously. Thank you, everyone. We're now up to item 8.4, general committee recommendations. 5.1, Eastern Beaches foreshore reserves management plan, community consultation, overview and proposed changes. Councillor Liddy, you go again. Councillor Wilkie: I, Councillor 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 Beach resident, Susan Francis. Susan Francis is the partner of Peregian Beach resident, Barry Cottrell. Mr. Cottrell is the president of the Peregian Beach Beach Community Association, PBCA.
8.3 SERVICES & ORGANISATION COMMITTEE REPORT - 8 AUGUST 2023 ¶
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8.4 GENERAL COMMITTEE MEETING REPORT - 14 AUGUST 2023 ¶
00:18:00 The PBCA has provided feedback on the Eastern Beaches foreshore reserves management plan. The Office of the Independent Assessor and Legal Adviser 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 or the PBCA, which is a volunteer community group, stand to gain personally or materially through noting this report. 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. I will respect the decision on the meeting on whether I can remain and participate in the decision. Deputy Mayor Stockwell: Just before you do, Councillor, I think you might wish to amend that from your previous declaration where actually not noting the report this time. Is that it? Councillor Jurisevic: Well, the report's only a report for noting in the agenda. Councillor Wilkie: Oh, it's approving the motion. Councillor Jurisevic: Oh, it's approving it.
00:19:00 Sorry. Councillor Wilkie: So, yeah. Whereabouts? Although, or gain through approving this report, approving, moving this motion. Oh, this motion. Oh, through moving this motion. I make this declaration out of an abundance of caution. Speaker 2: Thank you, Councillor. Councillor Jurisevic: I'll move that Councillor Nathan declare a political conflict of interest by Councillor Wilkie and determine that Councillor Wilkie participates and votes on this matter because Councillor believes that either Councillor Wilkie or the PBCA stand to gain personal and material from this decision and that a reasonable person would trust the finalist's decision is made in the public interest. Mayor Stewart: So, I'll accept that, Councillor Wilkie. All in favour? Speaker 5: All in favour. Mayor Stewart: You can't recover. You can't recover. Carried. Councillor Wilkie, welcome to the room. Speaker 2: Thank you. Mayor Stewart: Councillor Lorentson. Councillor Lorentson: I, Councillor Lorentson, inform the meeting that I have a declarable conflict of interest in this matter because my brother, Gabriel Cherosani,
00:20:00 who until recently was on the executive of the Eastern Beaches Protection Association, has made submissions to the Eastern Beaches Forkshore 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. Mayor Stewart: Thank you, Councillor Lorentson. Councillor Stockwell. Deputy Mayor Stockwell: Yes, I have two conflicts in accordance with my written declarations on both, I'll do it one at a time, in terms of Susan Francis, which is in front of you and has not changed from my previous declaration. Councillor Jurisevic: I'll move that Council note the declarable conflict of interest by Councillor Stockwell that determines in the public interest that Councillor Stockwell participates in the matter because Council believes that a reasonable person would not consider this a conflict of interest and trusts the final decision made in the public interest.
00:21:00 Speaker 2: I'll second it. Mayor Stewart: All in favour? Carried and manned by Councillor Stockwell. Deputy Mayor Stockwell: I also declare in regard to my previous written declaration in regard to Nusa District Landcare, Councillor Jurisevic: Once again, I'll note that the Council note the declarable conflict of interest by Councillor Stockwell and the term that Councillor Stockwell participates and votes on this matter because Council believes that a reasonable person would not consider this a conflict of interest and trusts the final decision is made in the public interest. Councillor Finzel: Certainly, in accordance with Chapter 5B of the Local Government Act 2009, I, Councillor 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 $1,666.66 for Mr Peter Butt, who sits on the Executive Committee of the Eastern Beaches Protection Association. The EBPA has provided feedback on the Eastern Beaches Foreshore Reserves Management Plan.
00:22:00 The Office of the Independent Assessor and Legal Advice has indicated the Eastern Beaches Foreshore Reserves Management Plan is not ordinary counselling. The I will now leave the meeting room while the matter is discussed and voted on. Thank you, Councillor Finzel. Mayor Stewart: Would someone like to move the staff recommendation? Councillor Jurisevic: I'll second it. Deputy Mayor Stockwell: Just to clarify, has the recommendation come from the General Committee and not? Yes. Different from the staff's? Mayor Stewart: Yes. Report to vote. All in favour? Carried unanimously. Thank you, Kat. Thanks, Mr. Secular. Speaker 3: Good morning.
00:23:00 Thank you. Mayor Stewart: Thank you, everyone. Thanks, Mr. Secular. Item 5.2, MCU 2022-0-0-3-9, application for material change of use, reallocatable home park, community and affordable housing, 32 dwellings at 55 and 7, Tuffington Road, Cooroy. Councillor Lorentson: I'd like to move a motion that Council note the report by the Acting Coordinator, planning to the Planning and Environment Committee, meeting dated 8 August 2023, regarding application. Item 5.2, MCU 2022-0-0-3-9, application for material change of use, reallocatable home park, community and affordable housing, 32 dwellings at 55 and 7, Tuffington Road, Cooroy. Amplified the decision for the application to a future meaning to allow the applicant additional time to provide further information about the proposal hope or nothing else wanna
00:24:00 Mayor Stewart: Madam Chair, thank you. Councillor Lorentson: Affirmative. I've made this request on behalf of Mr Greg Phipps. As most of you are aware, the applicant's been working on this project or this development application for over two years. To date, he has spent out of his own money, $120,000. $90,000 for external consultants and $30,000 in his staff cost. He would like the opportunity to bring additional information to staff and the councillors before a final decision is made. On Monday's general meeting, staff and councillors raised some concerns, including but not limited to land tenure. The planners were unsure how the site will be maintained in perpetuity and what the land tenure arrangements were proposed. Also, staff required more details regarding infrastructure plans. The applicant has requested the opportunity to provide this information to staff and councillors. Again, his investment to date is $120,000.
00:25:00 A few years on a project that there is no personal gain. Greg Sips has sacrificed his time and money on a bonafide community and affordable housing project to provide housing for those disadvantaged and low income earning groups such as single women over the age of 50 and families and individuals suffering from domestic violence. It is not every day that a private landowner offers 2.431 hectares of underutilised, lazy land in Cooroy to accommodate community and affordable housing. And it's not every day that you meet a Greg Phipps. I believe what is being requested is fair and reasonable, given the significant amount of money the applicant has spent on this application and the time he has invested.
00:26:00 I ask everyone around this table today to do the right thing and support this motion and allow Mr Phipps some more time to provide additional information to staff and councillors and have the decision today deferred to a future. Thank you. Speaker 4: This is deemed refusal territory for council, but ultimately this decision today is a decision for councillors to make on whether they agree with the deferral or not, and whether the additional information provided will change the decision from what's recommended as it is.
00:27:00 Speaker 5: Thank you. Councillor Jurisevic: Just to clarify that, whilst the time period is up, deemed refusal is in motion. If we defer this here, the applicant, that doesn't give the applicant that time. To come back at a further, a future time to present any of these elements to the council. Speaker 4: Through the chair, yes, so basically the applicant can come back to us. We ultimately can make a decision here today, given the applications before us, but we can agree to extend that time and that can go on as long as necessary to make a decision. Again, a decision for councillors to make around what that time period is. That will entail, and the amount of time and effort and money that may come forward, and whether or not that will impact on the decision recommendation before council.
00:28:00 Councillor Wilkie: Would the extended time incur extra costs for the applicant? Speaker 4: Through the chair, likely that is the case. And that comes down to, I guess, the amount of effort and what they want to put forward to council for further consideration. Um, but generally, the way it's going to be. There will be additional costs incurred. Councillor Wilkie: What are the principal reasons for refusal to do with the isolated location of this proposal and the detrimental effect it would have on the most vulnerable people living in such an element? Speaker 4: Through the chair, there are a range of issues that have been identified in the officer's report. And as you can all see, there are many issues that need to be overcome as part of this proposal. And obviously, again, a decision for councillors. Council to evaluate whether further work that can be done can address some of these issues that have been identified and raised.
00:29:00 Councillor Wilkie: Can I just ask, how central is the isolated location of the land parcel in question, how central is that to the reason for refusal? Speaker 4: Through the chair, that's a critical piece of the concerns raised by officers and the report that the location of the site is not appropriate for the type of development proposed. And conflicts with some major parts of the planning scheme. And it's the gravity of the conflicts, I guess, which is why the officer's report is as recommended for refusal as is. Deputy Mayor Stockwell: From a technical point of view, is there any difference in the way a appeal against a decision would be considered from a deemed refusal versus a, you know, a decision that is considered from a deemed refusal versus a, you know, a decision that is considered from a deemed refusal?
00:30:00 Councillor Wilkie: Can I ask a question on the answer? What are you actually asking? Deputy Mayor Stockwell: Should the decision, is councillor to better or worse or the same position, should appeal be lodged as a deemed refusal versus an appeal against the decision to refuse based on arranged grounds? Speaker 4: Through the Chair, probably not an easy question to answer as such, not being a judge of the court, but certainly I think there are pros and cons probably in both regards, but ultimately a decision refusal either which way, whether it's a deemed or a refusal by officers, could be worked through if there's an appeal setting or likewise, but I don't see there being... It's a hard question to probably give you a concise, precise answer on, councillor. Councillor Jurisevic: But given that what we've got before us is a request to defer the decision, there's no decision being made at this point in time, so is that a moot point, the question being raised?
00:31:00 Speaker 4: Through the Chair, yes. In relation to this particular motion, it's about a deferral, and essentially that just means we don't make a decision tonight based on the motion. Thank you. Councillor Finzel: I just have a question for Amelia. You've brought the motion to the table, Amelia. Is there anything we can amend this motion to, to help with the debate? Is there any further, do you want to change that in any way? Councillor Lorentson: No, I think it's really quite straightforward. It's a deferment to allow the applicant to provide more information, and given the conversation that was on Monday, there just seems to be a lack of understanding of what the project actually entails. I don't know whether, just miscommunication, not reading documents correctly, but the applicant would like the opportunity to provide that information to both councillors and the applicant.
00:32:00 I think the motion reads correctly. Councillor Wilkie: Another question, is the applicant working on another project and more appropriately sited? No, I think it's really quite straightforward. It's a deferment to allow the applicant to provide more information, and given the conversation that was on Monday, Speaker 4: Through the Chair, not that I'm aware of, apologies, not that I'm aware of, there may be... Not that I'm aware of, the current applicant, no. Councillor Lorentson: Can we just ask through the Chair, if you start a relevant question. Mayor Stewart: We've got a procedural motion. There's no more questions relating specifically to this. Deputy Mayor Stockwell: I do have one. Have we got any questions? Is there anything on record for the applicant requesting a deferral? Speaker 4: Through the Chair, no, the applicant hasn't requested an extension for decision making. Mayor Stewart: Councillor Ascombe. Councillor Lorentson: Just through the Chair, I have received through the Town Planner a request for a deferral.
00:33:00 Speaker 4: Thank you. I'll speak to it. Councillor Wilkie: Just speak to it, Councillor. Councillor Wegener: You know, everybody knows I like wood. I like things made out of wood. I really like things that are made out of Australian-grown timber. And I appreciate Mr. Phipps' work here and his dedication to this. But when you just say this is for primarily women over 50 and sufferers of domestic violence, I just cringe having walked that twice, once in the dark, and I just think it's not... One, it's not safe. On the other side of an industrial area, way past town. It's not a place where you put over 50 women and people suffering from domestic violence and other vulnerable people. It is not a place where you want vulnerable people to live. It is far away from the town. And then when I walked it, I walked it at night, and I thought it's pretty scary.
00:34:00 And then I've realized that it'd be far more scary to have to do that walk when it's 35 degrees. I wouldn't want my mother-in-law to walk that, and she fits this category really well. I know others that have kids that would want to walk into town. It is a long walk into town. If they'd have to pave next to the dirt road, or they say, oh, well, no, we're just going to make a way onto Jara Street, which also does not have sidewalks. So they'd be walking down the middle of an industrial street, Jara Street, which is completely outside of... It's not safe. It's not good for walking to town. So it's just... It's a great idea, fantastic idea. We hope that Mr. Phipps takes his eco-cottages, which are fantastic, beautifully built, and works with other land places in a better place. It's a great idea in just a completely unworkable place. So I will not be supporting the motion. Mayor Stewart: I think...
00:35:00 I'll remind all councillors that we have a procedure motion before us to defer, we're not necessarily re-prosecuting the merits of the actual application. This is purely about the conferral motion at this point in time that will potentially, if this gets up, get it done at a later stage. Thank you, Councillor Winkler. Did anyone else have a specific procedure motion? Deputy Mayor Stockwell: Yeah, I will. The councillor has not received a request for deferral. So I'm not saying the advice that Councillor Lorentson is giving is wrong, but it hasn't been a formal request for deferral to council. Councillor Lorentson, in her argument for why further information may be useful, made a range of statements which, if they were directed to staff, could be taken as offensive. And certainly, as a councillor, I can assure her that I did read the report. Well, I do understand the nature of the development of the implicit fee, and I do understand
00:36:00 what the meaning of... that the development proposal offends first principles of town planning. You don't get many reports that go back and say, this is just basic town planning. Like every other councillor who talked on Monday, I think the nature of the development concept is excellent. I really struggle to find what further information would be useful. I don't think there's anything we can do, or could do, to overcome the primary constraints which led staff to the position, after an extensive period of discussion and assessment, to the recommendation in front of us. I think, as was mentioned, it's probably going to do a little more than take more staff time and more of the African's cost, because the nature of the location is such that the potential benefits of the proposal, and there are, you know, in terms of supplying housing,
00:37:00 does have a community benefit. There's no doubt about that. But the litmus test of, you know, is, when you look at it as a whole, those benefits exceed the constraints of the site, and what the staff, and what, in my assessment of the case, they don't. I don't think there is any additional information that would change my view of what the benefits of the site would be, as to the appropriateness of the site, not the concept itself. And hence, I too won't be supporting the deferral. Mayor Stewart: Anyone else? Please. Councillor O'Keefe. Councillor Wilkie: Thank you Madam Mayor. Look, I can't support this because I think it's cruel. I think it's cruel to Mr Greg Phipps, who has already expended over $100,000. And this deferral would require him to expand even more. And we know that given the principal objection is the isolation of the site, which would
00:38:00 place, if approved, would place single women and women fleeing domestic violence in an isolated parcel of land, away from services, down the lane, behind an industrial estate. It offends all the principles of property design, but could prevent crime prevention. I know this is a deferral motion. But. The reasons that are given for deferring are not. I don't agree with them. The report was very clear. There was no confusion. Because this application was refused on many grounds, but the principal one was the isolated nature of the site. Which would, if approved, be contrary to our housing, a key principle of our housing strategy, because it would place our most vulnerable in an isolated location of land, not connected to services. On flood and fire-prone land. Near an industrial estate.
00:39:00 Exactly everything we said we wouldn't do. We need to respect the applicant enough to not give him false hope. Because I think everyone around this table knows in their heart of hearts where this is going. And this is just, to defer is to give false hope. And I think it's cruel to Mr Phipps. Who I understand, on good advice, is already working on it. We're not going to put them on another proposal in a more suitable location of a similar nature. And if he's not given false hope about this, he can more fully focus his resources, which are precious, on delivering something of value in an appropriate location. We know that if we value our most vulnerable like we say we do, we're not going to be approving, we're not going to be seeking to put them on another location. We're going to put them on this sort of land. As we all agree, it's a great concept.
00:40:00 Beautiful design. Worthy principles that it's based upon. It's just the wrong location. And councillors, we know that when this comes back to us, this deferred decision, it's going to end up as a no. And we know that. So please, let's not be cruel to Mr Phipps. Let's respect that gentleman enough not to give him false hope. Councillor Jurisevic: Yeah, I'll speak to it. Look, I appreciate where Councillor Lorentson is coming from, again. And it's been reiterated around the table time and time again. We do acknowledge the concept of what's been trying to be achieved here with the location, as far as planning is concerned, and as far as I'm concerned, isn't an ideal location.
00:41:00 It is challenging. I mean, I wish there was an opportunity to, in my mind, to see what is really out there. But I think having asked the question, having seen the elements that are in the motion with regards to how it does not meet the planning scheme and does not meet the needs of the people who deliver to the planning scheme, and the elements that are being reviewed and currently available through the planning fair for other localities, I think there are better alternatives that would suit this type of development than the current location that's been before us. So in the same vein of, I don't believe deferring this decision and getting that additional information will supply sufficient additional information to alter the planning scheme. I think that's the reason for refusal that have been mentioned above. So I won't be supporting the motion.
00:42:00 Mayor Stewart: I will support, because this is a request that Councillor Lorentson has received from someone in our community. This is a request by someone in our community. This is his wish. We may come to the same conclusion if this is deferred, as we did on Monday. But it's an opportunity for him to have a chance, a second chance, a second chance, a second chance at this. And he didn't go directly to staff because we heard from our director that he was out of time in regard. So this was the only way he could get this to be deferred at a later stage, to have the opportunity to provide further information. Now, we have heard, and we heard on Monday, a million reasons why we shouldn't, a hundred reasons, why we shouldn't approve this. But we heard about one, why we should. And that was because there was a lady in our community sleeping on a cement bench, and she wasn't alone. Twenty-four hundred other people like her on the Sunshine Coast are doing just that
00:43:00 right here. They are our mothers. They are our fathers. And they are our children. It's not acceptable. Now, as I said, there is many reasons why this shouldn't be approved. But perhaps, perhaps, if we give him the time, if we give him the opportunity, if we give him the opportunity to have one last pitch at the stumps, there may be something. And I'm willing to fight for that may be something, because that might make the difference between someone sleeping on a park bench and someone sleeping in a house. Councillor Lorentson: That someone was a lady called Veronica, and I got a call from Vetra, from Making Lives Matter, about two or three days ago. Mayor Stewart: And that was when I heard about a new material. Deputy Mayor Stockwell: So I believe the mayor has already made a ruling that we're talking to a deferral motion. And that we should be restricting ourselves to the process.
00:44:00 Mayor Stewart: Councillor Stockwell around the table. Over the last ten minutes, everyone has talked about the pros and cons of this council walk. You went to great lengths, Councillor Lugnus. So I think it's only fitting that we hear both sides of it. Councillor Lorentson: I'd like to first address a couple of the matters that were raised by councillors around this table. Location. Location seems to be the number one sticking point. The project is an emergency response to a crisis, a crisis that's happening right now. It's not meant to undermine the planning scheme. It's not meant to undermine the housing strategy. It's an emergency response. The question I ask around the table is, where else in the Cooroy area, or anywhere, that can fit 32 cottages that can house 45 people right now? Right now?
00:45:00 Putting vulnerable people in an isolated location. Vulnerable people are living in isolated locations. They're living under trees. They're living in toilets, public toilets. They're already living in isolated locations. They're already living far away from their jobs, towns. I just don't think I'm getting through, and this is where I think Greg Phipps would love that opportunity to talk and provide that information to councillors, to give you an idea that it's a community. This is a pilot project. We talk about all the negative social outcomes with this pilot project. How do we know that? This has never been done before. This has never been done before, and that is part of the conversation that Greg Phipps would love to continue with councillors and staff.
00:46:00 I won't go on. I went on quite a bit on Monday, so I'm not going to re-prosecute or restate what I've already said, but I am going to just throw a couple of questions to the councillors. What are you guys going to think of yourselves when you look back and think about this decision? When you drive down Carpenters Lane and see an underutilised asset doing nothing, are you going to care, knowing that today we have the power to continue the hope that maybe 32 cottages can be built and 45 people will have a roof over their heads? And another matter, which again I raised on Monday, that there's a possibility that the state under its ministerial powers can actually step in, reassess and redesign the application.
00:47:00 And how are we going to feel if the state does step in and approve the application? And what if what is imagined is not what is the reality? Maybe what this project is, what it's going to look like is, you know, a proper community. Look, to say that I'm disappointed, I think everyone around this table knows, is an understatement. I go back to the quote that I left everyone on Monday. The person who really wants to do something finds a way, and then the other person just finds an excuse. Again, I urge the councillors to have the courage
00:48:00 to at least give Craig Phipps the opportunity to realise or have a last shot at his dream. Mayor Stewart: Thank you, councillor. I'm going to put the two vote all in favour. Councillor Lorentson and Stewart against. Councillor Sweeney, Carissa Fitch, Finzel, Stockwell, Wilkie. Councillor Wilkie: I move to start the recommendation. Thank you. geons.gov.au lecturers Councillor Wilkie: Thank you. This decision's being made because we care enough not to put people in, our most vulnerable people in isolated locations from sun and fire from the Manhattan recollections not connected to services. They deserve better healthcare. And had this been the last lot in the Shire where this sort of project could take place, perhaps then we may entertain this application more than we already have.
00:49:00 But, as we know, there are currently projects underway to provide hundreds of appropriately sited dwellings, close to existing centres, connected to services, public transport, the support services that they need. That sort of work is already underway. I won't go into the reasons why this application is a good idea. But in the wrong location. If approved, it would be a demonstration that we don't really care about our most vulnerable enough to give them proper housing at a proper location. Not shoved away next to an industrial estate.
00:50:00 We do have land available in Cooroy, Tewantin, to provide attractively designed, dwellings, close to services. It's a home that's worthy of our most vulnerable. You have to value them enough to not give them second rate dwellings. Or living circumstances. The question was asked earlier, how would we feel? After this decision. The truth is, I could not live with myself if I knew I was responsible for approving a development where we knew from the best of advice, against all the principles of the housing strategy, that we were not doing the right thing.
00:51:00 And we were not following through on the commitment we made to this community. Through the housing strategy. After advice from people who work in this space, like QPS, Community Department, Housing, St Vincent de Paul, Salvation Army. They've all told us we've got to look after our most vulnerable. And not shove them away in second, substandard, isolated locations. They'll be living in beautiful homes. There's no doubt about that if this was approved. There's just the wrong location. So in answer to the question, I wouldn't feel good if I approved this. So we have to value our most vulnerable enough to do the right thing by them. That's why I'm moving this motion. Thank you, Councillor.
00:52:00 Mayor Stewart: Anyone else like to talk to this? Yeah. Thank you. Mayor Stewart: That's interesting. Councillor Jurisevic: Yeah, I will. Thank you, Councillor Wilkie. Again, challenging situation. If we weren't stretching the bounds of the planning scheme, if we weren't adhering to a housing commitment and a housing strategy that we put forward, if we were on the last bastion of available land, and the only bastion available we may consider as Council of Wichita polluted. But given that it does not meet the criteria of all of those elements, and given that other land has been identified that is more suitable and more ideally located for developments of this sort, I can't in my right mind approve a development that is contrary to all of those documents. And all of the time and effort that this Council has put into trying to find and help find a solution
00:53:00 to the housing strategy gap. Mayor Stewart: Thank you, Councillor. Other housing situation. Speaker 3: Yes, thank you, Madam Mayor. Just, sorry, right at the start, Councillor Amelia, you made mention of staff maybe not reading the documents correctly. Councillor Lorentson: Oh. And I'd like you just to qualify that if you could, please. Absolutely. I apologise that. I didn't mean staff. I was referring to there was a misunderstanding around the table with councillors. And I retract that. I didn't even pick that up until Councillor Stockwell made mention of that. So, since I apologise, I would like to retract that. Thank you. Thank you, Miss Leanne. Mayor Stewart: Thank you. I will. Councillor Lorentson: I'm going, again, I'm not going to repeat what I said on Monday. But I do want to just add, non-compliance with an assessment benchmark does not result
00:54:00 in good results. It does result in an automatic refusal. And I'm going to just bring forward a recent example. In 2019, Sunshine Coast Council allowed Wind and Sea Surf Club to build a clubhouse at the end of Budgrum Street in Karramundi. The councillors went against the staff recommendation, and they approved the clubhouse development using the discretionary powers conferred under the Planning Act. And that was what I was trying to argue on Monday. That we actually have the powers under the Planning Act to consider other, to consider need, planning need, and other relevant matters. And make a decision, as decision makers, that whether the benefits and the planning need allows us to deviate from our planning scheme. And I just want to throw that out there.
00:55:00 You know, there are extensive benefits. There are positive outcomes. And it's just a shame that, it's just a shame that, again, we're not, we're not looking at what could be. I just wanted to add that. Thank you. Mayor Stewart: Thank you. Thank you, Madam Mayor. Councillor Wilkie: Look, I'd just like to put it candidly. We are looking at what could be. And what we're seeking to avoid on this side. And what we're seeking to provide in the right spot. There's points made of our councils having the power to make decisions contrary to the planning scheme and the strategies. And that's absolutely correct.
00:56:00 But having the power to make decisions contrary to the planning scheme and the strategies. It has to be for the right reason. It has to be an overwhelming benefit. To do that, in this case, there would not be. For all the reasons listed in this motion. And it's not about, necessarily, the problem is not just being in conflict with the planning scheme or our housing strategy. It's because the implications of doing so would have very real impacts on people. Our most vulnerable people. And it would be easy. It would be very difficult. If this council was so inclined. For councils around this table. To vote in favour of this. And go home to our comfortable homes. But we wouldn't be the Queensland Police Officers. Or the officers from the Department of Families and Community. Or the officers from Queensland Fire and Rescue Service. Having to attend to this site. If any of these risks come. Well. Well understood risks come to fruition.
00:57:00 We'd be okay. We'd be okay. There'd be a short term benefit for us now. We've done a good thing. For the housing crisis. But we wouldn't be the ones dealing with the consequences. And perhaps the unintended consequences. In the minds of some. But. The blame to all of us. So. I think I've said enough. Mayor Stewart: A virtual vote. All in favour. Councillor Wegener-Risvich. Fins. Councillor Stowell. Whilkie. Against. Stuart Williamston, stepping我們 sauw yeah. Cir Budget Fund Cl confirme Toyota. Alright thank you very much. Thank you. Thank you. Are you going to be back, Councillor Stockwell? No, I can't see you, obviously. We are on 5.3, the Economic Development Grants Policy Review. Item 6.1, Contract Number CN00315, Flood Reconstruction Package 10, Stormwater Infrastructure Replacements 6.2, Draft Waste Plan 2023-2028.
00:58:00 6.3, Financial Report July 23, 6.4, Budget Review BR1 for the 2023-2024 financial year. 6.5, Operational Plan 2022-2023, Quarter 4, Quarterly Reporting. Thank you, Councillor Wissing and Councillor Wilkie. All in favour? Carried unanimously, noting Councillor Stockwell has left. Thank you, Cat. There are no reports to direct to the ordinary meeting. We have no financial items, but we have one submission to public question time from Mr Brian O'Connor. Where are you, Brian? How are you, Brian? Welcome. You know the drill, Mr O'Connor. So if you'd like to come up and ask your question, thank you. And we have our Director of Strategy and Environment, Peter Rawlings, here to answer, Mr O'Connor. Speaker 5: Thank you, Madam Minister.
9 ORDINARY MEETING REPORTS ¶
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10 CONFIDENTIAL SESSION ¶
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11 PUBLIC QUESTION TIME ¶
00:59:00 I beg the indulgence of the meeting to change one word in my question, in the interests of accuracy. At its meeting on 16 February 2023, Noosick Council endorsed Pomona to be the location of a pilot placemaking plan, the strategy to be rolled out eventually across the Shire. Six months on. Can Noosick Council provide an update on progress being made around placemaking at Pomona? Thank you, Mr O'Connor. Speaker 1: Through the Mayor. Good evening, Brian. Nice to see you. I'm very pleased to advise that the placemaking pilot has been progressing well since the endorsement of Pomona as the pilot location, with community engagement officially being launched yesterday, which is very exciting. The engagement and process has been successful.
01:00:00 It is open through to the 24th of September. The engagement program includes a diverse range of activities for the entire community to participate, including a survey, online and hard copy, pop-ups outside the IGA and at Pomona markets, a family-friendly community event, walk shops, ideas competitions, as well as other creative activities such as sketching workshops and letter writing. There are also options for more tailored stakeholders to participate. Further information can be located on the Council's Your Say Noosa webpage. And while the community engagement is being undertaken, the project team will be developing options for future governance structures to help guide the preparation of the draft plan, which will be further informed by community engagement at another later date. The draft plan will be developed in conjunction with the community to help prioritise actions, implementation and resourcing throughout the remainder of this year.
01:01:00 And with further community consultation on the draft plan to occur in early 2024. Speaker 5: Thank you. Our second question is this. Noosa Council recently nominated Pomona as a great place under the South East Queensland Regional Plan. The Noosa Plan 2020 acknowledges Pomona as Noosa Shire's living heritage town. And the Noosa Biosphere Trails Master Plan identity. It identifies Pomona as the hub town for the trail network. These designations seek various practical and tangible outcomes that ideally should complement each other. How will this occur beneath the umbrella of a Pomona placemaking plan? Speaker 1: Thanks again, Brian. The placemaking process will consider the many and diverse roles and functions of Pomona as a village. In a way that delivers the outcomes that you identified in alignment with community values, priorities as well as enhancing the unique character and identity of Pomona.
01:02:00 The placemaking process will likely identify recommendations and actions that may require these other strategies, broader strategies and plans to be reviewed and coordinated to ensure a more integrated approach and delivery of these outcomes on the ground. Councillor Wilkie: Thank you. Mayor Stewart: Pleasure. Thank you, Mr O'Connor. I appreciate it. Councillor Wilkie: Thanks, Brian. Mayor Stewart: Thank you, Kim. That brings us to the end of the agenda. The next ordinary meeting will be held at Council Chambers on the 21st of September at 5pm. So thank you, everyone, for attending this evening. It's lovely to have a gallery full of people. I declare the meeting closed at 6.03pm. Thank you. Thank you.
11.1 BRIAN O'CONNOR ¶
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12 NEXT MEETING ¶
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13 MEETING CLOSURE ¶
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