Before the first item ¶
00:00:00 Speaker 3: On the 15th of May, I declare the meeting open at 5pm and thank you everybody for turning out. I'd like to begin by acknowledging the traditional custodians of the land in which we're meeting, which is the Kabi Kabi people. Pay my respects to all those past, present and emerging, and reiterate their invitation for us as joint custodians, joining with them in respecting and caring for this place we all love, and respecting and caring for each other. I note that all councillors are in attendance. The first item is confirmation of the minutes. May I have a mover and a seconder for the minutes of the ordinary meeting held on the 17th of April? Happy to move. Thank you, Councillor Finzel. We have a seconder, Councillor Lorentson. Thank you. All in favour? That's carried unanimously. Can I have a mover and a seconder for the minutes of the special meeting held on the 8th of May, 2025? We have a, we'll need to move it first. Deputy Mayor Stockwell: I'll move it to pass the motion. Okay. Councillor Stockwell. I will move, where I agree.
1 DECLARATION OF OPENING ¶
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2 ACKNOWLEDGEMENT OF COUNTRY ¶
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3 ATTENDANCE & APOLOGIES ¶
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4 CONFIRMATION OF MINUTES ¶
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4.2 SPECIAL MEETING MINUTES DATED 8 MAY 2025 ¶
00:01:00 You're not supposed to laugh at me. Thank you. Speaker 1: I'm going to move it slightly, because the minutes of the special meeting held on the 8th of May, we received it confirmed with a small amendment to the 8th, that if you go to the character graph on the 6th, on the 23rd and 5th, that paragraph, that's our way of passing it to you, the special meeting video and teamwork agreement, provided by . Stop it. And the final, we don't have to add to the minutes on the special meeting, that it has to make people aware of the knowledge of this error, and to provide the reference to make the amendment to the orderly meeting date, the 15th of May, to the orderly meeting date, the 15th of May, the 22nd of the 8th, the up-to-date date of the orderly meeting date, the 15th of May, the 25th, the 8th, where we're going, and then move on to stop it. We have a seconder for that motion, please. Councillor Finzel: I'll be the second to support the change. Speaker 3: Thank you, Councillor Finzel. Any discussion?
00:02:00 Councillor Stockwell? Deputy Mayor Stockwell: I just explained that I did identify the error after the meeting, and had circulated by the councillors. The graph used was the incorrect one. While the rankings between the various options were quite the same, there were slight differences in percentage, and the transformation options were both 6% higher, so nothing that I said was leading anyone to the wrong conclusions, but it's important to have the right information on record. Speaker 3: Thank you, Councillor Stockwell. Any further discussion? We'll put the motion to those in favour. That's carried unanimously. There are no presentations, there are no deputations. We have three submissions for the public question time. The first question is, from Miss Julianne Vogler. Miss Vogler, would you like to come to the lectern and read your questions, which will be answered by Kerri Contini, Director of Community Services, and Shaun Walsh, Director of Infrastructure Services.
5 PETITIONS ¶
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6 PRESENTATIONS ¶
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7 DEPUTATIONS ¶
00:03:00 Thank you, Miss Vogler. Speaker 5: Hello, my name's Julianne. I'm a resident of Hartford Street, Maryford Road. So can I say your question first, and then to Rebecca or the other residents? Speaker 3: Just a question, thank you. Speaker 5: Only question? Speaker 3: Just a question. Speaker 5: OK. Could you please explain the meaning of the text message has been resolved in your work request procedure regarding the completion of the requested task when the request has not actually been completed? Speaker 2: Thank you, Miss Vogler, for your question about councillors' customer request messaging. My response was on the directive for our council's customer experience service. Council operates a customer request system which creates a record and customers lodge a request for investigation. And this then produces what we call work orders for the staff to action.
8 PUBLIC QUESTION TIME ¶
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8.1 JULIANE VOGLER ¶
00:04:00 Our records show that we submitted two customer requests numbered RM 2024 202 and RM 2024 209. In January 2024, about issues with debris and trees blocking water flows on Upper Camaro Road. Council staff did attend the site in response to your request and conducted works to clean the front of the pipes and remove debris. After this was complete, staff signed off on the system work while it was complete because they had cleared debris and the water was now flowing freely. The system then automatically sent you text messages advising that the requests had been resolved as the staff had actioned the task and completed the work that they saw necessary at the time. You submitted further requests three weeks ago, RM 2025 9299
00:05:00 and RM 2025 304 regarding the fallen tree. Staff have attended the site and agreed that fallen tree is detoured water onto the road and should be considered fall removable. Due to current work backlogs, this has not progressed further. I acknowledge that you only received text communications in 2024 and that these text messages would have been confusing and frustrating as they did not reference the tree across the waterway and indicated that that had been resolved Councillor Wilson: when it had not been from your perspective. Speaker 2: We are reviewing our processes for responding to customer requests including improving communication with customers and ensuring system messages are moving forward. Your feedback has been helpful and I have provided it to the team where we live. Speaker 3: Thank you, Director Contini. May we have question two, please, Ms. Wagner.
00:06:00 Speaker 5: How does Noosa Council and the Collective Compulsory Strategy about the road maintenance, road repair, including external barriers into contractors work? Director Walsh: Thank you for your question. Upper Pimbarra Creek Road is an unsealed road of over 500 kilometres length with multiple waterway crossings. Noting Noosa Shire has approximately 200 kilometres of unsealed roads across the Shire. Over the last three years, Noosa Shire has had significant rainfall across the Shire and has caused road infrastructure failures in over 20 locations. And weather has proven to be very problematic in terms of ongoing drainage issues and road failures. The Upper Pimbarra Creek catchment is particularly volatile from flash flooding and road damage due to steep hills and multiple waterway crossings. In terms of quality control for major repair works, such as the landslide repair work recently undertaken on the road,
00:07:00 this work is overseen by external contractor engineers with expertise in landslides and road reconstruction. Review of the work adequacy is also assessed by Council's own engineers to ensure satisfactory outcomes. In terms of quality control for routine road surface maintenance and drainage clearing work, this work is undertaken by Council internal crews overseen by Council own engineers to ensure satisfactory outcomes. It is acknowledged that Council has a backlog of maintenance requests on our unsealed roads and associated with this work, there are a number of associated drains arising from ongoing wet weather and damage, including Upper Pimbarra Creek Road. This has been compounded in recent weeks with protected industrial action by Council's outside workforce, halting maintenance works. Council will attend to outstanding maintenance and drainage tasks on Upper Pimbarra Creek Road as soon as possible, but within the constraints of available staff and maintenance budgets. Council appreciates all residents' patience
00:08:00 arising from the ongoing poor weather and the recent industrial action impacting maintenance delivery across the Shire. Speaker 3: Thank you. Thank you, Ms O'Connor. The next questions are from Ms Pat Spicer. Ms Spicer, would you like to come to the lectern and read your questions, which will be answered by Kim Rawlings, Director of Strategy and Environment. Pat Spicer: The outcome, ladies and gentlemen, in this question is in seeking transparency for the environment and ensuring community's needs and concerns are properly addressed in the Council's decision-making process. So what are Council's plans for the community consultation for future use of the Block 2 and 3 of the subdivision at 62 Lake McDonald Drive, Cooroy? Director Rawlings. Speaker 3: Hello, Pat. Director Rawlings: Thank you for your question.
8.2 PAT SPICER ¶
00:09:00 I was just going to say, at this stage, no community engagement in our communications plan has been prepared as yet for consideration of proposed Lots 2 and 3 as Council is focused on current project priorities and focused on Block 1. Council is also looking at Council-owned car park sites in Tewantin and Noosa Heads and will do this prior to considering Lots 2 and 3, Cooroy. With resources and priorities focused on other projects, consultation on future Lots 2 and 3 is unlikely to begin formally in the next 12 months. Speaker 3: Thank you. Second question, please. Basically, Speaker 5: the answer. Pat Spicer: When my Council organised a community meeting on future uses of Lots 2 and 3 in Lake McDonald Drive, Cooroy, considering the community could vote for no further housing and assuming the Council does intend to take that possible outcome into consideration for future use and honour the residents' wishes as it would be a huge saving
00:10:00 to subdivision costs if the lots are not made fully ready for housing as is the current plan for subdivision workers. Director Rawlings: I don't have that question, but the answer is the same. Council is currently not planning to undertake consultation. There are no formal plans for community consultation with the City of Cooroy. So I think that when that, when it does occur, it would be notified but it's unlikely to be in the next 12 months given other project priorities. Does the City Speaker 5: appreciate the plan Pat Spicer: in 2025? Director Rawlings: Yes, that's correct. Thanks, Pat. Speaker 3: Thank you, Miss Visor. Is there any Speaker 5: other questions? No. Speaker 3: Oh, yes. The next, the next questions are from Wendy Scott. But Miss Scott is not in attendance but has requested
00:11:00 that Pat Spicer read her questions which will again be answered by Kim Rawlings, Director of Strategy and Environment. Pat Spicer: The question was, Council committed to consulting the community regarding the preferred use of lots two and three at 62 Lake of Donald Drive, Cooroy with the understanding that the outcome may not involve further housing development. Given that this consultation has not yet taken place, why is Council proposing to invest hundreds of thousands of dollars in constructing a road and installing utilities to support housing on these lots? Director Rawlings: Thanks for the question for half a minute. Well, no decision has been made about the future use of proposed lots two and three. Any future use would likely be for some purpose for which people would be needing to access the land in higher numbers than they currently do. Whether people live there,
8.3 WENDY SCOTT ¶
00:12:00 work there or recreate there in the future. Council has therefore decided to remediate and service the whole site. Pat Spicer: Does the Council's definition of community consultation refer specifically to consultation with the Cooroy Director Rawlings: neighbourhood? Prior to any development of lots two and three or even a commitment to their future use, Council will consult with the whole of its community. This would include targeted consultation with the adjoining residents and the immediate Cooroy neighbourhood. However, it will also take into account the whole Shire and the needs of the Noosa community. When the time comes there will be a range Speaker 3: to consider. We have a notified motion which has been withdrawn that brings us to consideration
00:13:00 of committee reports. These were reports dealt with last week at the Planning and Environment Committee Portfolio of the Services and Organisation Committee Portfolio. 7.1 Housing Strategy Financial Incentives for Social and Affordable Housing We have a declaration. Council Speaker 1: I wish to inform the committee that I have a terrible confidence in this matter, as I have been instructed not to announce the matter for three years with an indestructible carbon dysmotus, and the components of the structure have been critically fractured over three years with a secondary welding, and as this claim is emphasized, I stand in the way of an imminent final decision in making the decision that I am content with the lives and the circumstances. As a result, my confidence is that I will narrowly agree on the matter to be considered, and I am not. Speaker 3: Thank you, Councillor Stockwell.
9 MAYORAL MINUTES ¶
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10 NOTIFIED MOTIONS ¶
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10.1 AUDIT AND EXPLORE OPTIONS TO REDUCE THE USE OF SINGLE-USE PLASTICS IN COUNCIL OPERATIONS ¶
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11 CONSIDERATION OF COMMITTEE REPORTS ¶
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11.1 PLANNING & ENVIRONMENT COMMITTEE REPORT - 6 MAY 2025 ¶
00:14:00 Councillor Stockwell has left the building. Do we have a mover and a seconder for the housing strategy item 7.1, please? Councillor Wegener, seconded by Councillor Wilson. Is there any discussion on the item? I'll put the item to the vote. Those in favour? That's carried unanimously. Please bring Councillor Stockwell back to the room. Thank you, Councillor Stockwell. Item 7.2, which was a further report on the application for material change of use of resort complex, that was referred to the General Committee meeting. Item 8.1 is planning applications decided by delegated authority, and that was the last item in the Planning and Environment Committee portfolio.
00:15:00 May I have a mover and a seconder for the Planning and Environment Committee recommendations to be adopted, except we are dealt with separately. Thank you. Thank you, Councillor Stockwell. May I have a seconder, please? Thank you, Councillor Wegener. All in favour? That's carried unanimously. Next, we have the Services and Organisation Committee reports. Item 7.1. 7.1 was the integrated compliance and enforcement policy. It was referred to the General Committee meeting. 7.2 was the Noosa Shire Council's sole and specialised supply lists. Item 8.1. 7.1 is the capital program delivery status update on all capital projects. Councillor Phillips will have a declaration to make. Councillor Phillips: Thank you, Mr Mayor. I, Councillor Phillips, inform the meeting that I have a declarable conflict of interest in this matter in relation to Cooroy Sports Complex Gymnastics Upgrade, an upcoming tender
11.2 SERVICES & ORGANISATION COMMITTEE REPORT - 6 MAY 2025 ¶
00:16:00 mentioned in the Capital Programme Delivery Status Report, as I am the senior sport coach of the club in a temporary program. As per previous declarations, although I have a declarable conflict of interest, I do not believe a reasonable person should have a conviction of bias, as I do not stand to receive a personal benefit or loss in relation to this matter. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Speaker 3: If you like, Councillor Stockwell. Deputy Mayor Stockwell: Councillor Stockwell. I'm happy moves that these tenders have been made. If there is any resolution which is on the screen, I bet that Councillor Phillips can remain in the room. Speaker 3: Can I have a second of that, please? Councillor Lorentson. Sorry, Councillor Lorentson. You're up and down too quickly. Thank you. Any discussion on that? All in favour?
00:17:00 That's unanimous, noting that Councillor Phillips did not vote. Now, can we have a mover and seconder for the committee recommendation on the Capital Programme, please? Councillor Lorentson. Councillor Lorentson: I'm happy to move. I'm happy to second. Speaker 3: Councillor Finzel. Seconder, Councillor Lorentson. All in favour? That's carried unanimously. Now, may we have a mover and seconder for the Services and Organisation Committee recommendations to be adopted, except we're dealt with separately. Councillor Wilson. Councillor Phillips. All in favour? That's carried unanimously. We now come to the third report, the item that was referred from the Planning and Environment Committee, which is item 7.1, application for a material change of use, resort complex and ancillary bar, food and drink outlet, outdoor sport, recreation and club, minor extension to existing clubhouse at 61 Noosa Springs Drive, Dussehead, which was referred from the Planning and Environment Committee, dated 6 May 2025.
11.3 GENERAL COMMITTEE MEETING REPORT - 12 MAY 2025 ¶
00:18:00 We're going to take up where this motion was left off on Monday, the motion before us. So, where we leave off. We leave off on Monday was that Councillor Stockwell and I had moved the motion, every councillor had spoken to it, and then Councillor Finzel moved a deferral motion to tonight, which means that Councillor Finzel and Stockwell are yet to speak to this motion, but councillors are free to move amendments to this motion on our questions. Do we have an amendment? I'd like to move an amendment, please. Councillor Phillips. Read the first one. Is there any way we can have the amendment large on that screen, or the biggest? Councillor Phillips, can you read that all right? We might require you to walk over.
00:19:00 Councillor Phillips: Okay, thank you. That item A includes the following addition. Include new condition to be inserted as condition 14, and subsequently renumbered the existing conditions to follow. The new condition is provided in attachment 3 to the ordinary meeting dated 15 May 2025. New condition, Noosa Springs Odour Monitoring. I can't think of one there. Sorry. Speaker 3: Here we have it. We'll just read out the new condition. Councillor Phillips: Thank you very much. I'll have to go. Yeah. By the way, Speaker 5: . Councillor Phillips: 14, real-time odour monitoring. A, monitoring equipment intent. Install and maintain a real-time odour monitoring system which continuously samples odour on the resort site.
00:20:00 And provides real-time updates to resort management of odour concentrations. The monitoring system must monitor relevant odour indications, such as hydrogen sulfide. And provide real-time alerts via email SMS to resort management when trigger levels are reached or exceeded. The monitoring system must include an on-site weather station with real-time output. For comparison to odour results. To identify potential odour source and location. Upon receipt of an odour alert, the resort staff are to implement management actions to advise persons in odour areas to relocate indoors until touch time. As real-time odour monitoring results are available throughout the day. Item B, odour monitoring action management plan.
00:21:00 Requires the operational work approval. Prepare an odour action management plan. And submit to Council for approval. Which details all. I, specifications for real-time odour monitoring system. Including A, equipment requirements. Including the relevant Australian standards to which the equipment must be provided and maintained. B, odour indicators to be monitored. I.e. odour sulfide or other representative indicators. C, trigger concentrations for odour indicators which are representative of odour concentrations. Which may result in the exceedance of the Queensland odour guideline standard. D, location or monitoring points. E, co-located weather station with real-time output. For comparison to odour results. To identify potential odour source and location. F, data storage and record keeping equipment.
00:22:00 G, calibration and maintenance requirements. I, actions to be undertaken by resort management on receipt of odour alert for real-time odour monitoring. I.e. relocating external guest persons to different areas. Closing up those doors to communal space areas, etc. Records to be kept of odour alert actions untaped. And any odour complaints received in respect of odour alert events. And records to be evaluated or reviewed by councillors' offices upon request. Speaker 3: We have a seconder for the purpose of debate. Councillor Finzel: Happy to second for the purpose of debate. Speaker 3: Thank you, councillor. Thank you, councillor Finzel. Councillor Phillips, you have the floor. Councillor Phillips: Yes, thank you. Hopefully I was fairly self-experienced. I will speak to this amendment. My amendment introduces real-time odour monitoring conditions for the Noosa Spring Resort.
00:23:00 An amendment that's not just about technology, but this is about responsibility, transparency and to build community trust. This is about placing, putting a place, putting in place clear expectations. So we're not scrambling to respond after the fact, but proactively protecting the people who live, work and visit there. The amendment calls for real-time odour monitoring using proven technology that can detect substances like hydrogen sulphide. Relying on guest complaints after the fact is not good enough. With a system in place, operators will be able to respond immediately. One of the most important parts of my amendment is removing grey areas. When odour level rises, who's responsible? What happens next? This amendment spells it out. Resort operators must act, whether that's mitigating the source or simply advising guests to move indoors.
00:24:00 If council fails to include clear monitoring and action requirements now, we can open the door to confusion, complaints and possible credibility loss. If we can support this amendment, we can show that we're serious about responsible development, looking now and into the future. Speaker 3: Thank you. Thank you, Councillor Phillips. Do we have any questions, councillors, or comments? Wanting to speak to the amendment? Councillor Finzel? Yes, I do. Councillor Finzel: Thank you, Councillor Jess. This is a question for planning staff. This sounds like it's a job at Unity Water. Can you please explain what are the benefits to both the hotel owners, the guests, and the board of directors? If we choose to vote on this amendment and carry it forward, how does that benefit everyone who's involved? Speaker 4: Mr Chair, this condition would add further mitigation measures to concerns regarding
00:25:00 potential for odour complaints. This would put an additional layer of responsibility on the resort to have real-time monitoring of any odour. And then in addition to that, it would put an additional layer of responsibility on the management team in having a management response activated at any time in the levels of odour, whether it be day or night, making a particular response under the management plan. So it adds further obligation on the resort to manage potential risks of odour, leaving the wastewater treatment plant approximately 300 metres away, and will lead to prevent complaints being arisen because there'll be an active management plan in place by the end of the year. Councillor, I'd like to ask a question. Speaker 3: Did you assist the councillor with drafting the amendment conditions?
00:26:00 Speaker 4: Through the chair, the councillor did ask for some advice in relation to these matters. We sought input from our odour expert, who's been assisting us with reviewing the application material, and assisted with drafting a framework which would be robust enough and would be able to require further assessment at an operational work stage. Speaker 3: And if the applicant, if we did approve this, and the applicant considered these conditions unreasonable, they can make representations to the condition down the track. Is that correct? Speaker 4: Through the chair, yes. Through any application process, there is the ability for an applicant to lodge representations in relation to conditions. So that is available to assist. Thank you. Councillor Wilson. Councillor Wilson: Thank you. Sorry, I have a question. Would part of that management plan include reporting to Unity Water as well, given that that is the source?
00:27:00 Speaker 4: Through the chair, the condition doesn't strictly specify that. It does give council offices the ability to require access to all of that data. So, noting the relationship between council and Unity Water, as the intelligence provider, we potentially may be able to share that information. And we have some concerns about that data. Councillor Stockwell. Deputy Mayor Stockwell: In real time, I know the monitoring is a first for me. So, is it like noise monitoring, water quality monitoring that concentration of gases such as hydro and sulphide are reliable indicator of uses? I know previous to my experiences that either was actually measured by people rather than by a scientific method. So, was our consultant happy that this was a reliable indicator?
00:28:00 Speaker 4: Chair, yes, you are correct. There's a range of different measures. Hydro and sulphide is just one of the potential metrics. It's probably the most common one which triggers response in terms of the smell that people will detect. There are a range of other elements that can be detected. Our Rotorex bit was comfortable. This technology has been used in other situations and other matters which has been used around others and other parts of Australia. And has proven to be successful in being able to help the system detect when there's a potential use of some sort of odour. Councillor Wickman. Councillor Wegener: If there's a smell detected and somebody says, oh, you know, something smells, this would kind of verify that whether it's coming from the treatment platform or the trash bin down the road. That seems like a really important thing to do. Speaker 4: Chair, you're correct. The need for a conclusion of the weather station as well will assist in terms of the direction of any smells or odours.
00:29:00 So, all of that data combined will assist in terms of identifying what the source is. The main focus of this is to, again, as Councillor said, as Jess mentioned, is proactive measures to ensure that the resort takes reasonable steps to mitigate and takes action before potential complaints arise, whether it be from a wastewater treatment plant or from rubbish bins or other sources of contaminants. Speaker 3: Councillor Finzel, question. Councillor Finzel: Question to the planning staff. Given this matter before us is being assessed against the planning scheme under regulatory statutory legislation, can you tell me if this amendment addresses that framework or is it outside of that assessment? Speaker 4: Through the Chair.
00:30:00 So, councillors have the ability to add in reasonable and relevant conditions to any development decision. So, this suggested inclusion of a condition, in my view, is a reasonable and relevant condition. It relates to the nature of the submissions raised regarding concerns about reverse amenity issues. It provides a solution, a proactive means to potentially address those, and does fit within the statutory planning framework to include it as a condition. Thank you. Speaker 3: Now, councillors wish to speak for the motion or against. Councillor Whitmer, question. Councillor Wegener: I'll speak for the motion. Gee, Councillor Phillips, that is clever. I meant to say, and the more I think about it, you're the youngest person on the team here. What's the rest of us doing? That was really great. I think it really adds a lot of clarity and gives, makes it a lot easier to vote for this, knowing that when there's a smell detected, there's a lot more science going on,
00:31:00 there's a lot more rigor around it, and it just gives a lot more surety in the future for this issue. So, thank you. Thank you, Councillor Whitmer. Speaker 3: Councillor Lorentson. Councillor Lorentson: I'm happy to support this, and I will quote Section 45 of the Planning Act. Actually, it requires Council to consider relevant matters, including the amenity of future occupants. And I... When there's a risk, a reasonable risk of environmental nuisance or adverse amenity effects, such conditions are warranted and necessary. So, I'm happy to support the amendment. And thank you, Councillor Phillips, for bringing this to us. Speaker 3: Now, the Queen will wish to speak before Councillor Phillips, please. Do you wish to play, Councillor Phillips? Councillor Finzel: Yes. I would just like to take the opportunity to thank Councillor Phillips for exploring this option, which I think is a great balance between meeting our statutory requirements and listening to our community.
00:32:00 I think this provides a surety to our community that we are listening. This has been a very difficult and long, drawn-out process. So, thank you for bringing this amendment before us tonight, which I will support. Thank you. Councillor Finzel. Speaker 3: Councillor Phillips, do you wish to close? Councillor Phillips: Very quickly. Thank you, everyone. If you were to look at my algorithm now, my search engine reflects a lot of data searching last night to find some case law to back up what I put to planning to work with. So, I'm really happy to be able to achieve something that gives some clarity. Yeah, thank you very much. Speaker 3: Thank you, Councillor Phillips. I'll put the amendment to those in favour. That's carried unanimously. The amendment becomes part of the motion. Do we have any further amendments? Councillor Lorentson: I have a question to staff. And I'm going to reference again Section 45 of the Planning Act 2016 Queensland where Council
00:33:00 is required to consider relevant matters, including the amenity of future occupants, potential impacts on existing local uses and proximity to essential infrastructure. In light of this, and given the acknowledged uncertainty regarding potential odour impacts from sewage treatment plant, how has Council applied a precautionary principle in its assessment? Speaker 4: Through the Chair. So, Council has undertaken a very thorough and rigorous process to assist these particular issues regarding odour, as well as a whole range of other technical matters. As part of our obligation under the Planning Act, we were required to thoroughly investigate all of those issues and potential impacts. In this particular case, in terms of potential impacts, we were required to thoroughly investigate the odour. The applicant undertook a very robust modelling of odour, a report that was undertaken in
00:34:00 terms of best practice. We engaged an independent expert to review that material. That was rigorously assessed and determined to be acceptable. The number of conditions were also applied in response to particular concerns raised, which would go above and beyond to try and mitigate those impacts. So, Council has discharged its obligation and taken all the reasonable and necessary steps to ensure that mitigation of risk has been appropriately managed. Speaker 3: Does anybody wish to speak to the motion itself? That's Councillor Kinsel and Councillor Stockwell. Anyone wish to speak to the motion before Councillor Stockwell closes? Oh, are there any further amendments? Councillor Stockwell? Councillor Kinsel? No. I'd like to speak to the motion. Thank you, Mr Chair. Councillor Finzel: This has been a very challenging and long, protracted application before Council, anyone
00:35:00 that's followed that would understand that. Together, we stand at a crossroads, not just in planning terms, but in how we define leadership, community trust, collaboration, responsible development, and the legacy we wish to leave behind. I'd like to speak to the motion. This is not just about a hotel application. Noosa has always been more than a destination. It's about what we value most. It's a way of life in balance. Between people and nature. Growth and protection. Opportunity and responsibility. The balance is fragile. And it is precious. As we consider the proposed application before us at the Noosa Springs, I ask that
00:36:00 while we are bound by statutory regulations, we look deeper. This is our opportunity to lead with values, to ensure that every decision we make reflects not just economic gain, but environmental stewardship, community wellbeing, and respect for our people. Our shared future. Some see potential for economic uplift, increased tourism, and renewed energy for our local economy. Others feel fear. Fear for our green spaces. Our wildlife. Our peace. Both sides are valid. Both are expressions of our love for this place. But real leadership doesn't choose sides. It listens. It finds the higher ground.
00:37:00 It leads for the greater good. So tonight, together, let us raise the bar and show what it means to be a values driven community. Let's demand a development that meets the highest standards of environmental care, To gives technical care, transparency and community benefit. That's reflected tonight in the work that all councillors have done and also in councillor Phillips' amendment tonight. Right to the last minute, people have worked hard to deliver the decision that's before us. Let's insist on a future that reflects who we are. We are not just what we can build, because I believe Noosa's real strength lies in not what we develop, but how we come together.
00:38:00 Let us be remembered not for what we have approved or rejected, but how we have acted. With unity, courage and heart. Thank you. Thank you, Councillor Finzel. Deputy Mayor Stockwell: Councillor Stockwell, Mr Clarence. It's a bit unusual that I'll be responding to arguments that were made a few days ago. This is an unusual application, in that we have a site that is split-zoned. So most of the time when the planet's humid, it might only be 1% of the properties in the Shire are split-zoned. Normally it's really easy to identify why the split. It may be an environmental protection zone, and you can see it following the tree line. It may be part of a lot of residential, the other isn't, because there's flood-prone. In this case, there was a strategic need to identify additional high-level hotel development sites in Noosa.
00:39:00 It was a need that was identified over a decade ago, that we hadn't had investment in five-star hotels or similar. And that was reflected in the strategic framework of the 2020 scheme. It says, Noosa continues to be a highly regarded destination for visitors around Australia and overseas, Speaker 1: varying types of accommodation and services catered for visitors' needs. Deputy Mayor Stockwell: We know we've got an oversupply of home-hosted, Airbnb-type, whole homes. We have heard that this may, if approved, actually take some of the pressure off putting more homes or actually retaining homes that should be otherwise for people. But in this case, the designation of the tourist accommodation zone on this site was a best bet of where would be the most suitable site for a hotel. And it is identified specifically in the scheme. The tourist accommodation zone talks about this site specifically, and it says that it should be protected for resort complex or short-term accommodation.
00:40:00 And so then we look at this conflict, and part of it goes into an open space zone. And part of it is in a quite versatile overlay. So first, when we look at the tourist accommodation zone, one of the overall outcomes it says is, the development sensitively responds to land constraints, including topography, bushfire, flooding, storm surges, whatever. In this case, the constraint is largely around the other nuisance and where it comes to or on the site from the wastewater treatment plant. And that was the heart of the debate for Monday. And what we've been reminded by independent advice since that time is, when we make these decisions, we make them as the assessment manager. We're the planning authority, bound by the decision rules, and then just like the court only considers expert evidence, we should be basing our decision on expert evidence, not necessarily on more emotive representations made to us.
00:41:00 And we have been informed over and over again that both the applicants and our expert in ODA has suggested that the development complies with the standards that the court has proposed. So then we look at the small area that has gone into the biodiversity overlay. Now previously, there was a whole wing there, and that's been removed. And that's about 38 trees come back. And some of those are significant. 14 are brush box and blood woods with 30 to 40 centimetre girths, so quite sizable trees. Others, there's 17 of similar size, similar size of cypress, which I mentioned on Monday. We're acknowledged by the Kabi Kabi as guardian trees, where the old folks used to sit under the shade of the tree, and it used to be where they camped. And actually the word Cooloola Great means the sound of the wing going through the cypress tree. So they have cultural significance. But the part where the development is going into the biodiversity is guided by acceptable outcome of the planning team, which is building structures and associated works are like that with the existing cleared areas,
00:42:00 or areas of lowest ecological value. And in my opinion, the area that is being in the biodiversity is of lowest ecological value. It's an area that's between the old tennis courts and old car parking and driveways. It's a smaller triangle, whereas the area returned as a result of the amendments is an area that increases connectivity through to the higher value of wildlife conservation area. So when we look at this site, we can say that it's met the overall outcome of the biodiversity overlay, that the development design and layout provides for ecological connectivity across the landscape and through the protection of rehabilitation Speaker 1: and enhanced sort of nanofabrication ecological linkages. Deputy Mayor Stockwell: Now, rehabilitation on the offset is in the conditions. But councillors, we are not entitled to know that, but we've been told that it's a lie. Councillor Stockwell has about five minutes. Five minutes? I am closing? No. I don't need any more. I'm closing. Okay. So we are here to make decisions as a planning authority and the reasonable thing to do for any councillor
00:43:00 is to support this development. Thank you. I'll put the motion to vote. Speaker 3: Those in favour? Councillor Wegener, Wilkie, Finzel and Stockwell. Those against? Councillor Phillips, Lorentson and Wilson. The motion is carried. Next item is 7.2 Integrated Compliance and Enforcement Policy. This was referred from the Services and Organisation Committee dated 6 May. And the recommendation from the committee was to refer this to next month. But I believe Councillor Phillips, did you want to move an amendment on it? Not yet. Okay. So the motion is carried. Do we have the item? Screen please. So can we move the motion including the amendment? Is that possible?
00:44:00 Move the motion including the amendment? Speaker 5: No. We're already at the point where she just hasn't put this amendment. It's just been moved. Deputy Mayor Stockwell: Then that. That's right. So that move is done. Speaker 5: So that amendment is done? It's been moved and carried. Okay. So Councillor Phillips. Speaker 3: So what happened with this at the meeting last week? It was moved by myself and Councillor Finzel. Councillor Phillips moved an amendment which was supported. Councillor Stockwell moved a more complicated amendment which was not and it fell. Then we had a deferral motion from Councillor Wegener. So now we're moving on to the next amendment. So back to the original motion with your amendment included from last week, from Monday. Councillor Phillips: My new amendment. Speaker 3: You'd like to move a new amendment now? Yes. Okay. Let's hear it. Councillor Phillips: Councillors may actively support and promote voluntary compliance through education and
00:45:00 community engagement by encouraging. Point of order. Deputy Mayor Stockwell: Point of order. Point of order. I think what you're trying to do is change words that are in the motion and amendment as part of the amendment. So we actually need to know where you're putting it and what's being removed. Speaker 3: Or it could be just replace. Yeah. Speaker 4: I think that because they can read it. Yeah. Speaker 3: Please read it. Speaker 4: Okay. Councillor Phillips: Yes. That the wording in B1 be amended to read 1. That the wording in the draft policy provided at attachment 1 under roles and responsibilities councillors be amended to read 1. That the wording in the draft policy provided at attachment 1 under roles and responsibilities councillors be amended to read 1. Review and adopt councillors integrated compliance and enforcement policy. Councillors may actively support and promote voluntary compliance through education and community engagement by encouraging and understanding of relevant laws and regulations.
00:46:00 Councillors can assist constituents in raising concerns relating to compliance and enforcement matters by referring them to the appropriate functional area. Councillors must not be involved in operational compliance or enforcement actions as outlined in council's adopted governance framework. This includes but is not limited to participation in investigations and or advocating or taking over the matter on behalf of the applicant relating to the issuance of penalty infringement notices, enforcement orders, remedial actions or prosecution decisions. These matters are not to be considered. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures. Notwithstanding this, councillors can consider formal legal and prosecution matters as reported
00:47:00 by staff through the established council meeting processes. Speaker 3: We have a seconder for that. Second Councillor Lorentson. Councillor Phil. Chair before. Councillor Phillips: Councillor Phil. Thank you. As we saw on Monday, there was some uncertainty around our roles and responsibilities and I'm merely willing to make sure that there's absolute clarity. My background in policing has given me first hand experience in how a policy like this needs to be very well considered and defined. So I believe in clarity and transparency through the decision making aren't just nice to have but they're, they can be very helpful. We can create and diminish public trust. This amendment is about drawing a firm, fair line so everyone from councillors to residents and staff understand where the role begins and the role ends. As councillors, we're absolutely to have a part to play in compliance but it's the right
00:48:00 part. We can actively support and promote voluntary compliance by just being in our community and leading by example. Engaging in education and encouraging a culture of doing the right thing. We can also help residents understand the importance of public trust. We can also help residents raise concerns and direct them to the proper councillor department. That's our job. But I do believe we need to be clear what is not our role and we're not, we are not to get involved in operational compliance or enforcement actions. That means we can't get involved in investigations or stepping in on infringement notices or being involved in any enforcement decision because responsibilities like this is actually belongs to our authorised councillor officers who are given the framework to be involved in the work to carry them out. In line with legislation and procedures. This does not shut councillors out. It actually protects the integrity of the process. We do have a role in reviewing formal legal and prosecution matters when they come through proper reporting channels in council meetings.
00:49:00 So this is, this amendment is not about restricting us. It is about respecting the boundaries that make the system work. It ensures we stay focused on policy and governance while enforcing the rights of all residents And most importantly it gives our community confidence that the decisions are being made in the right way. Speaker 3: Thank you councillor Phillips. Anyone else wish to speak to the amendment? Yes. Councillor Wilson. Councillor Wilson: I wish to move another amendment to the amendment. Speaker 3: Councillor Wilson you need to deal with this one first. Then vote on this one. Then it becomes part of the motion. And then you can move an amendment. One amendment at a time is all we are able to do. So councillor Finzel. Councillor Finzel: I support this amendment. I think this is really clear. Sending the message to our community in easy to understand language. And giving clear definition to our roles. We wear different hats when we are a councillor.
00:50:00 And this clearly shows where our role stops. And where it starts. Towards other processes that are not our responsibility. We are here to advocate. And we can certainly do that. But there is a point where councillors refer on. There is a point where those matters are not managed by us. And I think this provides a really clear opportunity. To hopefully make it clearer for our community to understand what those roles are. Speaker 3: Thank you councillor Finzel. Councillor Phillips wish to close. Speaker 5: I don't think there is anything else. Speaker 3: Okay. Thank you. But the amendment goes in favour. That is unanimous. The amendment is carried. Councillor Wilson would you like to move an amendment. Councillor Wilson: Yes please. I would just like to add to the end of that previous motion. Raised by councillor Phillips. So that would go at the end of that previous motion. And it's just a simple addition.
00:51:00 Councillor's roles are defined in the Local Government Act 2009. And the Code of Conduct for councillors. In Queensland. The definitions of roles and responsibilities in this policy are consistent with the Act. Thank you. Speaker 3: We have a seconder for that please. Councillor Wilson: Councillor Finzel. Speaker 3: Councillor Wilson. Councillor Wilson: Thank you. I thank councillor Phillips for bringing their expertise to this previous amendment. I just want to be clear that while this is a Moosa Council policy. It does not aim to increase or decrease the powers of councillors. That are provided in the principles of the Local Government Act 2009. Which are fundamental to the roles of councillors and staff. They apply to all councillors in Queensland. The wording provided by councillor Phillips is to ensure clarity in layman's terms. And practical application of the policy. And it's consistent with the roles outlined in the Act. Regarding strategic versus operational issues. Thank you. Speaker 3: Councillor Wilson. Questions or comments councillors.
00:52:00 You wish to close Councillor Wilson. Put it to the floor. That is unanimous. Thank you. That is unanimous. It's carried. And both those amendments now become part of the original motion. To which no one has spoken. Does anyone wish to speak to the motion? Or move a further amendment? Councillor Phillips: I'm going to move a further amendment. Speaker 3: Further amendment from Councillor Phillips. Councillor Phillips: And it's just to remove the definition of a Moosa Council. Of unlawful activity from the draft policy provided at attachment 1. And replace the definition of breach. Which is defined as. Do I need to read the definition? Yes. Yes. Speaker 5: I'm going to read it. Councillor Phillips: I feel like all you've done is listen to my voice. Speaker 1: Breaching. Councillor Phillips: Where an activity or work has been or is being carried out.
00:53:00 Contrary to the terms and conditions of the Moosa Council. Or the licence, permit, registration, approval, permission or other written authorisation of the Council. Contrary to any act, regulation, local law and planning scheme. That regulates the activities or work that can be carried out on particular land. Contrary to a legislative provision regulating a particular activity or work. Or without a licence, permit, registration, approval, permission or other written authorisation of the Council. Speaker 3: Thank you, we have a seconder for that, Councillor Williams, and thank you Councillor Phillips. Councillor Phillips: Thank you. Originally the draft policy included unlawful activity, however there was no reference to unlawful activity in the policy. And I want to remove any confusion for any staff, councillors, community reading the document.
00:54:00 We need to be really clear on the definitions and breach is included in the policy, not unlawful activity, so I'm just clarifying that. Speaker 3: Thank you. Questions for staff? Question, I have a question for staff. Does this change in any way weaken the policy or its effectiveness? Speaker 4: No. Through the Chair, no it doesn't at all. In fact, according to Councillor Phillips' comments, the term breach is referred to in several places within the policy. The unlawful activity is not specified in the policy, so it's appropriate that the term breach is defined as opposed to unlawful activity in the policy. Speaker 3: Thank you. Do councillors wish to speak to the amendment? Councillor Phillips, do you wish to close? I'll make my mark, thanks. I'll put it to the vote. That is a failure. That is unanimous. That's carried. Are there any further amendments?
00:55:00 Okay. Does anyone wish to speak to the original motion which now includes all those amendments? Councillor Morrison? Councillor Lorentson: I'd like to speak briefly. We've spoken quite a bit about this at the general meeting, so we're here to represent our communities. And I think we need some sort of clarity to let the community as well as us councillors understand that we can't actually step into enforcement decisions. The report's recommendations keep things pretty fair and they make sure that councillors refer concerns to the right departments instead of pushing for outcomes. This protects, as we've heard today, the integrity of the process, prevents conflicts of interest. And keeps council processes transparent. Sticking to the guidelines ensures that we make decisions correctly and without political pressure.
00:56:00 Again, helping us serve our communities responsibly. We also want to note that there are ethical risks when councillors become directly involved in negotiating enforcement outcomes. There are potential legal or reputational consequences of us exceeding our prescribed roles. In compliance matters, breaches of conducts, and breaches also under co-corruption. So again, important for both the community and the councillors to understand the remit or the scope of our roles and responsibilities. Operational matters are dealt with by staff and us as councillors. Our space is in facilitating connections with the correct people. And also advocacy in voluntary compliance. We appear to represent our community. And I think that, you know, I don't think there's anyone around this table that will ever say we can't help you.
00:57:00 This is an operational matter. We'll say we can direct you to the correct people. And we will request to be copied into a response to ensure that you are actually responded to. And if you have any questions or confusion, that's our role also. But we work to serve you. And that also means just facilitating the correct engagements and directing you to the correct staff. So this is an important piece and it actually entertained a lot of debate around at the council table. And I think important to note that under statutory law also that we are governed under the Local Government Act. Our code and our duties are actually detailed under legislation. And that does override any policy. But great to have this report out in community. And the additions of layman's simple terms again provides not only clarity,
00:58:00 but the purpose of the document is to make sure that the guidelines are clear and simple. And I think we've achieved that with the addition of those extra amendments. Thank you, Councillor Morrison. Speaker 3: Any other councillors who wish to speak? Councillor Hussain. Yes. Councillor Finzel: Just to reiterate, I think this has been a timely review of the policy. I think it's bringing up to contemporary what we have before us here and now. I think it's been well written by the staff and Councillor Phillips's amendments for clarification and also including Councillor Hussain. I think it's really timely and it's a benefit both to the community and to councillors with really clear definitions of our roles and where we can fall into trouble if we go
00:59:00 by the side of like what our boundaries are. As our staff always say, swim in your own lane. Speaker 3: Councillor Hussain. Can the councillors just speak to the motion? I won't. I'd like to speak to the vote. Those in favour? That is unanimous. That's carried. Next item is the Noosa River Recreational Boating Facilities Update, referred to the Services Organisation Committee. Financial Performance Report. Noosa Environment Strategy Implementation Plan Five-Year Monitoring Report. The 9.1 was a confidential not for public releases. We owe a contract. That was CN2. CN2 5.0 3.1 was a provision of cleaning services for administrative buildings, libraries and other council facilities. Can I have a mover and a seconder for the general committee's recommendation to move Councillor Finzel, seconded by Councillor Lorentson. Speaker 1: Any discussion? All in favour? Speaker 3: That's carried unanimously. We have no reports direct to the ordinary meeting.
01:00:00 There are no confidential items to this meeting. The next ordinary meeting will be at Tewantin Council Chambers, 10am on Thursday January 19. Thank you everybody for turning out tonight. It will be closed at 6.01pm. Thank you everybody. Councillor Finzel: Thank you. Thank you. Thank you. Thank you. Thank you.
12 ORDINARY MEETING REPORTS ¶
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13 CONFIDENTIAL SESSION ¶
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14 NEXT MEETING ¶
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15 MEETING CLOSURE ¶
Council's recording ends before this item. Where a meeting resolved to close its doors, that is what the end of the recording means — see what council discussed in private.