801 Amended Minutes Council Meeting - Wednesday 28 April 2021 10am - City of Gold Coast
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801
Amended Minutes
of the
Council Meeting
held
Wednesday 28 April 2021
at
10am
City of Gold Coast Council Chambers
135 Bundall Road, Surfers Paradise
801st Council Meeting 2
28 April 2021 Minutes
INDEX
Minutes (801)
Council Meeting
Wednesday 28 April 2021
Opening Prayer
Australian National Anthem
ITEM SUBJECT
1 ATTENDANCE / LEAVE OF ABSENCE
2 CONDOLENCES
2.1 HRH Prince Philip – Duke of Edinburgh Cr Tate
2.2 The Raudonikis Family Cr Caldwell
2.3 The Wilkinson Family Cr Bayldon-Lumsden
2.4 The O’Connell Family Cr McDonald
2.5 The Devine Family Cr Vorster
2.6 The Schumacher Family Cr Vorster
2.7 The McGown Family Cr Tozer
3 MAYORAL MINUTE
4 CONFIRMATION OF MINUTES
4.1 The Eight Hundredth Ordinary Meeting of the Council of the City of
Gold Coast, held Tuesday 23 March 2021 at 10am
4.2 The Special Meeting of the Council of the City of Gold Coast, held
Wednesday 21 April 2021 at 9am
5 MAYOR’S REPORT
6 CLARIFICATION – MEMBERS
7 BUSINESS ARISING FROM MINUTES
8 PRESENTATIONS
8.1 LGAQ Presentation For 30 Years Of Service – Cr Daphne McDonald
9 CONFLICT OF INTEREST DECLARATIONS
9.1 Bond Weir Cr Vorster
10 RECEPTION AND CONSIDERATION OF COMMITTEE MINUTES
10.1 Water, Waste and Energy 19 April 2021
801st Council Meeting 3
28 April 2021 Minutes
ITEM SUBJECT
10.2 Transport and Infrastructure 20 April 2021
10.3 Lifestyle and Community 20 April 2021
10.4 Economy, Tourism and Events 21 April 2021
10.5 Planning and Environment 22 April 2021
10.6 Governance and Administration 22 April 2021
11 CONSIDERATION OF NOTICES OF MOTION
12 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE
13 PRESENTATION OF PETITIONS
13.1 Tree Planting Bill Thomson Park Cr McDonald
14 GENERAL BUSINESS
15 OTHER BUSINESS
15.1 March 2021 Monthly Financial Report
15.2 2021 Interim Audit Report from the Queensland Audit Office –
Confidential Attachment
801st Council Meeting 4
28 April 2021 Minutes
Minutes of the Eight Hundred and First Ordinary Meeting of the Council of the City of Gold
Coast held at the City of Gold Coast Chambers, 135 Bundall Road, Surfers Paradise, on
Wednesday 28 April 2021, at 10am.
The Mayor, Cr T R Tate, opened the meeting in prayer.
National Anthem
1 ATTENDANCE
Cr T R Tate Mayor
Cr W M A Owen-Jones
Cr D Gates
Cr C M Caldwell
Cr P J Young
Cr B Patterson
Cr R Bayldon-Lumsden
Cr R La Castra
Cr G M Tozer
Cr D Taylor
Cr H H C Vorster
Cr P C Young
Cr D I McDonald
Cr G M O’Neill
Mr A J McCabe A/Chief Executive Officer
Mr A Twine Director Transport and Infrastructure
Ms A Ewens Director Lifestyle and Community Services
Mr P Heaton Director Water & Waste
Mr S Stewart Chief Procurement Officer
Ms A Swain Director Economy, Planning & Environment
Ms C Watt City Solicitor
1.1 LEAVE OF ABSENCE / APOLOGIES
RESOLUTION G21.0428.001 moved Cr Tate seconded Cr Gates
That the apology from Cr Hammel be noted.
CARRIED
801st Council Meeting 5
28 April 2021 Minutes
2 CONDOLENCES
All Councillors
To The Royal Family
On the passing of HRH Prince Philip – Duke of Edinburgh
RESOLUTION G21.0428.002 moved Cr Tate seconded Cr Gates
That a motion of condolence be passed and that a message of sympathy be forwarded.
CARRIED UNANIMOUSLY
Cr Caldwell, Cr Vorster, Cr O'Neill, Cr McDonald
To The Raudonikis Family
On the passing of Tommy Raudonikis OAM
RESOLUTION G21.0428.003 moved Cr Caldwell seconded Cr Gates
That a motion of condolence be passed and that a message of sympathy be forwarded.
CARRIED
Cr Bayldon-Lumsden, Cr Caldwell, Cr PJ Young, Cr Taylor, Cr Patterson, Cr PC Young,
Cr Owen-Jones, Cr Vorster, Cr McDonald
To The Wilkinson Family
On the passing of Kelly Wilkinson
RESOLUTION G21.0428.004 moved Cr Bayldon-Lumsden seconded Cr Owen-Jones
That a motion of condolence be passed and that a message of sympathy be forwarded.
CARRIED
All Councillors
To The O’Connell Family
On the passing of Denis O’Connell OAM
RESOLUTION G21.0428.005 moved Cr McDonald seconded Cr La Castra
That a motion of condolence be passed and that a message of sympathy be forwarded.
CARRIED
801st Council Meeting 6
28 April 2021 Minutes
2 CONDOLENCES (Continued)
Cr Vorster
To The Devine Family
On the passing of Helen Devine
RESOLUTION G21.0428.006 moved Cr Vorster seconded Cr O'Neill
That a motion of condolence be passed and that a message of sympathy be forwarded.
CARRIED
Cr Vorster, Cr PC Young, Cr La Castra, Cr Tozer, Cr Taylor
To The Schumacher Family
On the passing of Andrew Schumacher
RESOLUTION G21.0428.007 moved Cr Vorster seconded Cr PC Young
That a motion of condolence be passed and that a message of sympathy be forwarded.
CARRIED
Cr Tozer
To The McGown Family
On the passing of Diana McGown
RESOLUTION G21.0428.008 moved Cr Tozer seconded Cr Bayldon-Lumsden
That a motion of condolence be passed and that a message of sympathy be forwarded.
CARRIED
3 MAYORAL MINUTE
Nil
4 CONFIRMATION OF MINUTES
RESOLUTION G21.0428.009 moved Cr Gates seconded Cr Caldwell
That the Minutes of the Eight Hundredth Ordinary Meeting of the Council of the City of Gold
Coast held on Tuesday 23 March 2021 at 10am be confirmed.
CARRIED
RESOLUTION G21.0428.010 moved Cr Owen-Jones seconded Cr PJ Young
That the Minutes of the Special Meeting of the Council of the City of Gold Coast, held
Wednesday 21 April 2021 at 9am be confirmed.
CARRIED
801st Council Meeting 7 28 April 2021 Minutes 5 MAYOR’S REPORT 5.1 RECENT VISITS AND SPEECHES
801st Council Meeting 8
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
200th Anniversary of the Independence of Greece
Cr Bayldon-Lumsden attended.
The celebration was held at the St Anna Greek Orthodox Church and Community Centre in Bundall.
The event program included a Vespers service and wreath laying at the Cenotaph.
Congratulations to the Greek people on celebrating the 200 Year Anniversary of their War of
Independence.
We do have a large and active Greek community here on the Gold Coast who have made an
enormous contribution to our city, and continue to do so.
Thank you to Father Roman and the Greek community for their warm welcome and hospitality to
celebrate this important milestone.
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28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
2020 Women in Business Award Winners Celebratory Luncheon
The lunch was an opportunity to acknowledge the winners of the 2020 Awards.
We have incredible business women in this city, achieving great outcomes across a broad range of
industries including
- Medical & Health
- Space Technologies
- Wildlife Care
- Education
- Community Care
Gold Coast Woman in Business of the Year Winner was Sharyn Watson who is Director, Watmar
Electrical and Air Conditioning
These succesful women all represent the Gold Coast’s ‘have a go spirit’.
801st Council Meeting 10
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Tour of Cowboys High Performance Centre and Titans V Cowboys Match
at Townsville Stadium
I attended the Titans V Cowboys round 3 NRL match at the new Townsville Stadium, where our
Gold Coast Titans had a 44 to 8 win.
It was a great result for the Titans to achieve such a convincing win on the road.
Earlier I visited the Cowboys Community, Training and High Performance Centre,a $40-million co-
tenanted facility located beside Queensland Country Bank Stadium in Townsville.
The new state-of-the-art, multi-purpose facility, which continued to take shape through a COVID-
affected year, was completed and ready for the 2021 NRL season.
The Cowboys are partnering with James Cook University in the $40 million complex, located on
17,000m² of land leased from Townsville City Council.
It houses club operations and community areas, multi-sport high-performance training spaces,
sports medicine and sports science laboratories and a community training field.801st Council Meeting 11
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Townsville Disaster Management Centre
We were was welcomed to the Centre by Councillor Kurt Rehbein, Chairman of Townsville City
Council’s Infrastructure Services area and deputy chair of their Local Disaster Management Group.
The Townsville Disaster Management Unit is the most recently constructed facility of this nature in
Queensland, opened only a month before the disastrous Townsville floods of early 2019.
The facility allowed the flood and clean-up to be effectively managed for this City of approximately
195,000 residents and proved the effectiveness of their investment.
The centre includes comprehensive flood intelligence capability and the fully integrated security
camera network, which co-ordinates over 480 CCTV cameras across the City.
The facility can withstand a category 5 cyclone and is self-sufficient in terms of power, water and
sewerage for over a week.
This inspection will assist in planning for future options here on the Gold Coast, particularly which
systems worked well and how the layout of the building worked, so we can consider these elements
in the design of our new centre.801st Council Meeting 12
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Easter United 2021
Cr Tozer attended.
This year’s event was held at the Gold Coast Convention & Exhibition Centre.
Over 100 Gold Coast churches were involved and represented, with 4,500 – 5,000 people attending.
It was a great celebration encompassing the true spirit of Easter.
The subject of domestic violence was touched on, looking at what the church community can do.801st Council Meeting 13
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
HOTA Gallery Hang Robinson Art – The Rainforest
The Rainforest was officially the first City collection artwork on the walls of the new HOTA Gallery,
one month out from when the doors open on May 8.
A monumental painting across two panels and close to 5 metres long, The Rainforest was acquired
through local donations from the Gold Coast’s business and art loving community for the City
Collection in 1991.
Born and raised in Brisbane, William Robinson AO is one of Australia’s foremost landscape painters,
and this his work has been inspired by the Gold Coast hinterland.
The Rainforest is ‘a lyrical exploration of an ancient landscape and place of wonder’ and shows the
Botan Creek winding its way through the Beechmont rainforest where Robinson lived at the time it
was painted.
The work was awarded the prestigious Wynne Prize for landscape at the Art Gallery of New South
Wales in 1990.
The Rainforest artwork was the inspiration for the Gallery design, so it will definitely be an attraction
for visitors to the Gallery.801st Council Meeting 14
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5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Eagles Rugby Inaugural ‘King of the Country’ Junior Rugby Championships
Gold Coast Eagles Rugby Club hosted the inaugural 'King of the Country' Junior Rugby
Championships at James Overell Park in Southport.
This exciting new concept was conceived and hosted by Eagles Rugby, over three days.
It was a showcase of the best junior players from South East Queensland and Northern NSW.
The teams in each of the U13, U14 and U15 divisions are the respective district champions from last
season, with special invitations accepted by Far North Coast NSW representative teams and an U13
Barbarians team.
Teams played a round-robin tournament over the three days to crown a Champion of Champions in
each age division.
Congratulations to all the winning teams, including all the players selected for the ‘Team of the
Tournament’.801st Council Meeting 15
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
City Condolence Book Following the Passing of HRH The Duke of Edinburgh
We send our deepest condolences to Her Majesty the Queen and the Royal Family on the sad
passing of HRH The Duke of Edinburgh.
This photo is of Prince Philip on Surfers Paradise beach during a visit to the city in 1982.
A Book of Condolence was placed here at the Council Chambers building, and residents were able
sign the book and leave a message, up to Friday 23 April.
My message in the condolence book read:
‘On behalf of the people of the Gold Coast, Australia, I offer our deepest sympathies to Your
Majesty, Queen Elizabeth II, on the passing of His Royal Highness, the Duke of Edinburgh.
Our city will forever cherish the memories of Prince Philip and will continue to honour his legacy.’801st Council Meeting 16
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
2021 Australian Swimming Championships
The Gold Coast hosted the National Swimming Championships at GC Aquatic Centre from 14-21
April.
The venue was praised by both competitors and attendees.
This prestigious event attracted $5 million in direct benefit to our economy.
Congratulations to Major Events Gold Coast for securing these titles.
It was wonderful to spend time with Olympic champion Dawn Fraser, her knowledge of our current
swimmers was amazing to hear.
Also pictured here is Chelsea Hodges, the 19-year-old Southport swimmer who won the 100m
women’s breaststroke crown.
These championships are a further post Commonwealth Games legacy for our city and I wish all
athletes the best in Tokyo in July.801st Council Meeting 17
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Sod Turning Ceremony Imperial Square Project Southport
Imperial Square is a $2.3 billion investment in our city.
Construction is due to commence at the end of the month after already achieving $34 million in
sales to a predominately local market.
The project will be rolled out over three stages with the first stage set to rise to 18 levels, delivering
145 apartments and a five-star hotel with 200 suites.
Future stages will include a 56 storey tower, and a 108 level super tower that will be Australia’s
largest residential tower.
This huge investment in Southport indicates continuing confidence in our city’s future.801st Council Meeting 18
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
LifeFlight Return to the Gold Coast
The LifeFlight homecoming was held at the RACV Royal Pines Resort.
LifeFlight provides emergency, lifesaving medical treatment to seriously ill and injured people
throughout Queensland.
LifeFlight began its operation out of the Gold Coast in 1981, then named Gold Coast Helicopter
Rescue Service, and then CareFlight.
The LifeFlight Foundation, an integral part of the lifesaving charity, is based at Robina.
Long-time residents of the Gold Coast will well remember the CareFlight chopper, performing
rescues and landing at Broadwater Parklands to meet ambulances waiting to take patients to the old
Southport Hospital.
RACQ LifeFlight Rescue’s fleet of lifesaving aircraft is now joined by a state of the art, one of a kind,
Land Rover LifeFlight Special Mission helicopter.
This new helicopter will service not only the Gold Coast, but also Australia wide as needed.801st Council Meeting 19
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5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
Gold Coast SUNS 10 Years Pioneers
Last year the Suns had plans in place to celebrate their 10th year in the AFL, but due to COVID they
had to be postponed until this year.
So at each home match this year they are acknowledging the key contributors to the establishment
and development of the Gold Coast SUNS – they are the ‘10 Year Pioneers’.
I had the privilege to represent the City and present the match ball, as Council’s contribution to the
establishment of the Suns was recognised.
Of course, the City did play a key role in the Gold Coast being awarded a team in the national AFL
competition more than a decade ago.
Having Gold Coast teams in national competitions continues to enhance our reputation as an elite
sports city.
It was great to see the team score a convincing win over the Sydney Swans.801st Council Meeting 20
28 April 2021 Minutes
5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
ANZAC Day 2021
Cr Patterson, Cr La Castra, Cr Bayldon-Lumsden attended.
The Mayoress and I attended the ANZAC Day ceremony at the Cenotaph in ANZAC Park in the
Broadwater Parklands, as the guests of the Southport RSL.
It was wonderful this year that so many marches and ceremonies were able to take place, both here
and across the nation, as most commemorations in 2020 were cancelled or scaled back due to
COVID-19.
As well as the traditional dawn service, a march past was held in the Broadwater Parklands.
Ceremonies were held right across the city, with excellent attendances being reported.
It is important that we honour and pay respect to all those who have made the ultimate sacrifice, for
the freedoms we continue to enjoy every day.801st Council Meeting 21
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5 MAYOR’S REPORT (Continued)
5.1 RECENT VISITS AND SPEECHES (Continued)
HOTA Gallery Opening
We are looking forward to residents and visitors enjoying the gallery very soon with the opening
coming up on 8 May.
Arts & Culture is the soul of our city, and we are showing our soul in a quintessential Gold Coast
way.
Here is a wonderful new video with some history of this site, and drone footage of the completed
gallery.
It’s also an opportunity to test out the new technology that has been installed here in the Chamber.
RESOLUTION G21.0428.011 moved Cr Tate seconded Cr Gates
That the Mayor’s Report be welcomed and noted.
CARRIED801st Council Meeting 22 28 April 2021 Minutes 6 CLARIFICATION - MEMBERS Nil 7 BUSINESS ARISING FROM MINUTES Nil 8 PRESENTATIONS 8.1 LGAQ PRESENTATION FOR 30 YEARS OF SERVICE – CR DAPHNE MCDONALD
801st Council Meeting 23
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9 CONFLICT OF INTEREST DECLARATIONS
9.1 Declarable Conflict of Interest – Prior to Meeting
Councillor Name Cr Vorster
Public access to the “Bond Weir”, its refurbishment and the related flood
Matter Description
modelling
Meeting Name Council Meeting and All related steps in the decision-making process
Meeting Date 28 April 2021
Item Number Item Reference
Pursuant to sections 150EQ(3)(b) and 150EQ(3)(c) of the Local Government Act 2009, I hereby
provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of
which are as follows:
Nature of the declarable conflict of interest
A reasonable person may form the view I have a personal interest in matters pertaining to the
“Bond Weir” as my wife is employed by Bond University and I have attended functions as a guest
of the university in my capacity as a local area councillor. Bond University has advised they may
investigate the expansion of a car park or their sporting fields near the weir and have sought a
meeting with the responsible City officers about a project which proposes to deliver mechanical
and electrical upgrades to the weir and may trigger updated flood modelling in the area.
If the declarable conflict of interest arises because of the councillor’s relationship
with a related party
The name of the related party
The nature of the relationship of the
related party to the councillor
The nature of the related party’s
interests in the matter
If the councillor’s or related party’s personal interests arise because of the receipt of a
gift or loan from another person
The name of the other person Bond University
The nature of the relationship of the
other person to the councillor or University within Division 11
related party
Bond University seeks information about a City project
The nature of the other person’s which may impact their plans to expand car parking or
interests in the matter sporting facilities along a waterbody near the “Bond
weir”.801st Council Meeting 24
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9 CONFLICT OF INTEREST DECLARATIONS (Continued)
9.1 Declarable Conflict of Interest – Prior to Meeting (Continued)
2x tickets to the Indigenous Gala Dinner held on
11 November 2016 ($460).
2x tickets to Pacific Fair Magic Millions VIP Marquee held
on 8 January 2017 ($220).
The value of the gift or loan, and the
2x tickets to Alumni Awards Dinner held on 18 May 2017
date the gift was given or loan was
($300)
made
2x tickets to Alumni Awards Dinner held on 17 May 2018
($300)
2x tickets to the 30th Anniversary Gala Ball held on
18 May 2019 ($500)
I am voluntarily deciding not to participate in making a decision about the matter.
I am seeking permission to participate in making a decision about the matter.
The reasons why my participation would improve decision making in the public
interest are as follows:
I was invited to these events in my capacity as the local area councillor, and generally accepted a
single complimentary invitation per annum. Given the events principally concern student awards,
indigenous scholarships, and milestone community events, my attendance is related to my role as
a representative. Given the remoteness of the interest, the public interest is served with my full
participation in this matter. It will ensure locals are properly represented in what is a sensitive
community issue.
PROCEDURAL MOTION moved Cr Tozer seconded Cr O'Neill
Pursuant to section 150ES(3)(a) of the Local Government Act 2009, Council resolves that:
Cr Vorster may participate in the decision despite the Councillor’s conflict of interest
because although Cr Vorster has a declarable conflict the interest it is minor and in
A
nature such that a reasonable person would trust the final decision would be made in
the public interest.
A division was called
For: 13 Cr Owen-Jones, Cr Gates, Cr Caldwell, Cr PJ Young, Cr Patterson,
Cr Bayldon-Lumsden, Cr La Castra, Cr Tozer, Cr Taylor, Cr PC Young,
Cr McDonald, Cr O'Neill, Cr Tate
Against: 0
Absent: 1 Cr Hammel
Abstained: 0
Did Not Vote: 1 Cr Vorster
CARRIED
Cr Vorster did not vote.801st Council Meeting 25
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES
10.1 WATER, WASTE AND ENERGY
Cr O'Neill, Chairperson of the Water, Waste and Energy Committee, presented the Minutes of the
Meeting of the Water, Waste and Energy Committee held on Monday 19 April 2021.
RESOLUTION G21.0428.012 moved Cr O'Neill seconded Cr Tozer
That the Minutes of the Water, Waste and Energy Committee Meeting held on Monday
19 April 2021, covered by Recommendations numbered WWE21.0419.001 to WWE21.0419.011
be received.
CARRIED
ITEM 10 SOUTH EAST QUEENSLAND WASTE MANAGEMENT PLAN
HL323/820/01
RESOLUTION G21.0428.013 moved Cr O'Neill seconded Cr PJ Young
That Committee Recommendation WWE21.0419.008 be adopted, with a correction to part 2,
such that it reads in its entirety as follows:
1 That the report/attachment be deemed non-confidential except for those parts deemed
by the Chief Executive Officer to remain confidential in accordance with sections 171 (3)
and 200 (4) of the Local Government Act 2009.
2 That Council endorse the draft SEQ Waste Management Plan as contained in
Attachment 1.
CARRIED
ITEM 13 EXPANSION OF KERBSIDE WASTE SERVICES DELIVERY OPTIONS
HL323/113/-(P3)
RESOLUTION G21.0428.014 moved Cr PJ Young seconded Cr O'Neill
That Committee Recommendation WWE21.0419.011 be adopted as printed which reads as
follows:-
1 That the report/attachment be deemed a confidential document as such in accordance
with sections 254J (3) of the Local Government Regulation 2012 and that the document
remains confidential unless Council decides otherwise by resolution.
2 That Council approve the expansion of the Designated Waste Collections Area City
wide.
3 That Council notes that expansion of the Designated Waste Collections Area will attract
the application of the Waste Management Utility Charge to those properties which
serviceable, regardless of whether that service is taken up.
CARRIED
Cr Tozer and Cr McDonald requested that their vote in the negative be recorded801st Council Meeting 26
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.1 WATER, WASTE AND ENERGY (Continued)
ITEM 11 WASTE MANAGEMENT FINANCIAL SUSTAINABILITY
CM787/790/08/01
RESOLUTION G21.0428.015 moved Cr Tozer seconded Cr PJ Young
That Committee Recommendation WWE21.0419.009 be adopted as printed which reads as
follows:-
1 That the report/attachment be deemed non-confidential except for those parts deemed
by the Chief Executive Officer to remain confidential in accordance with sections 171 (3)
and 200 (4) of the Local Government Act 2009.
2 That Council consider this Report as part of the 2021-22 Budget deliberations.
CARRIED
Cr Owen-Jones, Cr Vorster, Cr Caldwell, Cr Gates, Cr La Castra and Cr McDonald requested that
their vote in the negative be recorded
ADOPTION OF THE WATER, WASTE AND ENERGY COMMITTEE MINUTES
RESOLUTION G21.0428.016 moved Cr O'Neill seconded Cr Tozer
That the Minutes of the Water, Waste and Energy Committee Meeting of Monday 19 April 2021,
covered by Recommendations numbered WWE21.0419.001 to WWE21.0419.011, be adopted
with the exception of Recommendation Numbers WWE21.0419.008 (item 10), WWE21.0419.009
(item 11) and WWE21.0419.011 (item 13) which were specifically resolved.
CARRIED UNANIMOUSLY801st Council Meeting 27
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.2 TRANSPORT AND INFRASTRUCTURE
Cr PC Young, Chairperson of the Transport and Infrastructure Committee, presented the Minutes of
the Meeting of the Transport and Infrastructure Committee held on Tuesday 20 April 2021.
RESOLUTION G21.0428.017 moved Cr PC Young seconded Cr Taylor
That the Minutes of the Transport and Infrastructure Committee Meeting held on Tuesday
20 April 2021, covered by Recommendations numbered TI21.0420.001 to TI21.0420.009, be
received.
CARRIED
TEM 6 TRAFFIC AREA AND PARKING PERMIT SCHEME (TAPPS) STAGE 3
TT1017/113/21/01(P1)
RESOLUTION G21.0428.018 moved Cr Vorster seconded Cr PC Young
That Committee Recommendation TI21.0420.005 be adopted as printed which reads as
follows:-
1 That Council endorse the proposed amendments to the Traffic Area boundaries and
Parking Permit Scheme for inclusion in Subordinate Local Law No. 2 (Regulated
Parking) 2006.
2 Council note that the final Traffic Area boundaries and Parking Permit Scheme
changes will be presented for approval at the commencement of the formal
subordinate local law amendment process.
3 Council note that public consultation on the Traffic Area boundaries and Parking
Permit Scheme shall occur as part of the formal subordinate local law amendment
process.
4 That Transport & Traffic branch officers undertake a review of the Traffic Area and
Parking Permit Scheme in 2022 and report back to Council.
5 That Council does not endorse the position taken, with respect to on street parking
supporting development in the RCPA as outlined on page 47 within the agenda,
without first considering a separate report to clarify this legal point.
CARRIED
ADOPTION OF THE TRANSPORT AND INFRASTRUCTURE COMMITTEE MINUTES
RESOLUTION G21.0428.019 moved Cr PC Young seconded Cr Owen-Jones
That the Minutes of the Transport and Infrastructure Committee Meeting of Tuesday
20 April 2021, covered by Recommendations numbered TI21.0420.001 to TI21.0420.009, be
adopted with the exception of Recommendation NumberTI21.0420.005 (item 6) which was
specifically resolved.
CARRIED801st Council Meeting 28
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.3 LIFESTYLE AND COMMUNITY
Cr Vorster, Chairperson of the Lifestyle and Community Committee, presented the Minutes of the
Meeting of the Lifestyle and Community Committee held on Tuesday 20 April 2021.
RESOLUTION G21.0428.020 moved Cr Vorster seconded Cr Bayldon-Lumsden
That the Minutes of the Lifestyle and Community Committee Meeting held on Tuesday
20 April 2021, covered by Recommendations numbered LC21.0420.001 to LC21.0420.011, be
received.
CARRIED
ITEM 10 LIFEGUARD SERVICES REVIEW
CM787/790/03/04
Declarable Conflict of Interest – During Meeting
Councillor Name Cr Hermann Vorster
Matter Description Lifeguard Services Review
801 Lifestyle and Community Committee, Council Meeting and all
Meeting Name
subsequent decisions
Meeting Date 28 April 2021
Item Number Item 10 Item Reference CM787/790/03/04
Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I
have a declarable conflict of interest in this matter, the nature and particulars of which are as
follows:
Nature of the declarable conflict of interest
A reasonable person may form the view I have a personal interest in this matter as a friend is a
registered lobbyist representing Surf Life Saving Queensland (SLSQ), which is an interested
stakeholder in the review and mooted as a potential service delivery partner.
If the declarable conflict of interest arises because of the councillor’s relationship with a related
party
The name of the related party Karly Abbott
The nature of the relationship of the
Friend
related party to the councillor
The nature of the related party’s
Lobbyist of a stakeholder referred to in the report.
interests in the matter
I am voluntarily deciding not to participate in making a decision about the matter.
I am seeking permission to participate in making a decision about the matter.801st Council Meeting 29
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.3 LIFESTYLE AND COMMUNITY (Continued)
Declarable Conflict of Interest – During Meeting (Continued)
The reasons why my participation would improve decision making in the public interest are
as follows:
To the best of my knowledge, Mrs Abbott's firm has not been engaged by Surf Life Saving
Queensland to make representations on this matter and has not done so. And on that basis Mrs
Abbott would have no interest in the outcome of the review. The public interest is served with my
participation in the decision-making process given my corporate knowledge as the chair of the
responsible standing committee.
PROCEDURAL MOTION moved Cr Tozer seconded Cr Caldwell
Pursuant to section 150ES(3)(a) of the Local Government Act 2009, Council resolves that:
Cr Vorster may participate in the decision despite the Councillor’s conflict of
A interest because the reasons provided by Cr Vorster will improve the decision-
making process in the public interest.
A division was called
For: 13 Cr Owen-Jones, Cr Gates, Cr Caldwell, Cr PJ Young, Cr Patterson,
Cr Bayldon-Lumsden, Cr La Castra, Cr Tozer, Cr Taylor, Cr PC Young,
Cr McDonald, Cr O'Neill, Cr Tate
Against: 0
Absent: 1 Cr Hammel
Abstained: 0
Did Not Vote: 1 Cr Vorster
CARRIED
Cr Vorster did not vote.801st Council Meeting 30
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.3 LIFESTYLE AND COMMUNITY (Continued)
ITEM 12 STRATEGIC LAND ACQUISITION
CS433/07/P1
Declarable Conflict of Interest – During Meeting
Councillor Name Cr Gates
Matter Description Strategic Land Acquisition
Meeting Name 801 Lifestyle and Community Committee and Council Meeting
Meeting Date 28 April 2021
Item Number 12 Item Reference CS433/07/P1
Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I
have a declarable conflict of interest in this matter, the nature and particulars of which are as
follows:
Nature of the declarable conflict of interest
Receipt of donation
If the declarable conflict of interest arises because of the councillor’s relationship with a
related party
The name of the related party LJ Hooker Brisbane Commercial
The nature of the relationship of the
Donor
related party to the councillor
The nature of the related party’s
Selling agent for the site
interests in the matter
If the councillor’s or related party’s personal interests arise because of the receipt of a gift or
loan from another person
The name of the other person L J Hooker Brisbane Commercial
The nature of the relationship of the
other person to the councillor or Donor
related party
The nature of the other person’s
Agent for the site
interests in the matter
The value of the gift or loan, and the
date the gift was given or loan was $780 on 9/9/2016
made
I am voluntarily deciding not to participate in making a decision about the matter.
I am seeking permission to participate in making a decision about the matter.801st Council Meeting 31
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.3 LIFESTYLE AND COMMUNITY (Continued)
Declarable Conflict of Interest – During Meeting (Continued)
The reasons why my participation would improve decision making in the public interest are
as follows:
My interest in the future park availability on the northern Gold Coast and my prior knowledge
of the site in the public interest.
PROCEDURAL MOTION moved Cr Vorster seconded Cr Caldwell
Pursuant to section 150ES(3)(a) of the Local Government Act 2009, Council resolves that:
Cr Gates may participate in the decision despite the Councillor’s conflict of
interest because Cr Gates is uniquely placed as the former division
A
councillor to communicate issues relevant to the matter in the public
interest.
A division was called
For: 13 Cr Owen-Jones, Cr Caldwell, Cr PJ Young, Cr Patterson,
Cr Bayldon-Lumsden, Cr La Castra, Cr Tozer, Cr Taylor, Cr Vorster,
Cr PC Young, Cr McDonald, Cr O'Neill, Cr Tate
Against: 0
Absent: 1 Cr Hammel
Abstained: 0
Did Not Vote: 1 Cr Gates
CARRIED
Cr Gates did not vote801st Council Meeting 32
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.3 LIFESTYLE AND COMMUNITY (Continued)
ITEM 12 STRATEGIC LAND ACQUISITION
CS433/07/P1 (Continued)
RESOLUTION G21.0428.021 moved Cr Owen-Jones seconded Cr Gates
That Committee Recommendation LC21.0420.011 be adopted with a change to part 5 and the
addition of a new parts 6 and 8 such that it reads in its entirety as follows:-
1 That the report/attachments be deemed non-confidential except for those parts deemed
by the Chief Executive Officer to remain confidential in accordance with sections 171 (3)
and 200 (4) of the Local Government Act 2009.
2 That Council approve the purchase of property referred to in attachment 12.2 at the
purchase price identified in the report plus associated transaction costs (stamp duty
and lodgement fees) and otherwise on terms satisfactory to the Chief Executive
Officer (Manager Property Services).
3 That Council note the parcel of land identified in attachment 12.2 is the last relatively
unconstrained parcel of land within the central northern area of the city available for
development for sport and recreation parks.
4 That the name of the future parkland as identified in this report be endorsed subject to
it being in accordance with the Park Usage Policy: Naming of Parks and Community
Facilities Policy and to the satisfaction of the Chief Executive Officer (Director
Lifestyle and Community).
5 That City officers identify an area within the land to be acquired in the north of the city
for the permanent relocation of the Oxenford Pony Club by June 2022.
6 That the Mayor write to the Minister of Transport and Main Roads seeking a financial
contribution from the State Government towards the relocation costs.
7 That other equestrian activities are also considered, in coordination, and with the
agreement of the Oxenford Pony Club.
8 That a further report on the rationalisation of the far western portion of the proposed
property acquisition be brought forward to Council.
CARRIED UNANIMOUSLY801st Council Meeting 33
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.3 LIFESTYLE AND COMMUNITY (Continued)
ITEM 11 MASTER PLANNING WITH QUEENSLAND GOVERNMENT
CS433/07(1)
RESOLUTION G21.0428.022 moved Cr Vorster seconded Cr La Castra
That Committee Recommendation LC21.0420.010 be adopted as printed which reads as
follows:-
1 That the report/attachments be deemed non-confidential except for those parts deemed
by the Chief Executive Officer to remain confidential in accordance with sections 171 (3)
and 200 (4) of the Local Government Act 2009.
2 That the Mayor write to the Minister of the Department of State Development,
Infrastructure, Local Government and Planning and advise that:
a Council supports the involvement of City officers in the master planning process
for the proposal
b Council support is predicated on the State Government committing to fund the
entirety of the capital cost to deliver the master plan and its ongoing
maintenance, and
c That Council requires a report be bought back after master planning has been
undertaken and before the commencement of community consultation.
3 That the Office of the Mayor be asked to circulate a confidential update on any other
master plan for development opportunity over the site, at the earliest reasonable
opportunity.
CARRIED
Cr Owen-Jones requested that his vote in the negative be recorded
ITEM 8 RESPONSE TO PETITION – REQUEST FOR DOG OFF LEASH AREA
AT NOBBY BEACH
HL147/466/02(P63)
RESOLUTION G21.0428.023 moved Cr PC Young seconded Cr Tozer
That Committee Recommendation LC21.0420.007 be adopted as printed which reads as
follows:-
1 That Nobby Beach is not designated as an off-leash area during designated hours.
2 That the Chief Petitioner be advised of Council’s decision and be requested to inform
other petitioners accordingly.
CARRIED
ADOPTION OF LIFESTYLE AND COMMUNITY COMMITTEE MINUTES
RESOLUTION G21.0428.024 moved Cr Vorster seconded Cr Bayldon-Lumsden
That the Minutes of the Lifestyle and Community Committee Meeting of Tuesday 20 April 2021,
covered by Recommendations numbered LC21.0420.001 to LC21.0420.011, be adopted with the
exception of Recommendation Numbers LC21.0420.007 (item 8), LC21.0420.010 (item 11) and
LC21.0420.011 (item 12) which were specifically resolved.
CARRIED
Cr Vorster voted in the positive801st Council Meeting 34
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.4 ECONOMY, TOURISM AND EVENTS
Cr La Castra, Chairperson of the Economy, Tourism and Events Committee, presented the Minutes of
the Meeting of the Economy, Tourism and Events Committee held on Wednesday 21 April 2021.
RESOLUTION G21.0428.025 moved Cr La Castra seconded Cr Tozer
That the Minutes of the Economy, Tourism and Events Committee Meeting held on Wednesday
21 April 2021, covered by Recommendations numbered ETE21.0421.001 to ETE21.0421.007 be
received.
CARRIED
ITEM 6 HOTA GOLD COAST PTY LTD – BI-ANNUAL PERFORMANCE REVIEW
LG426/717/-(P13)
MOTION moved Cr Patterson seconded Cr Tate
That Committee Recommendation ETE21.0421.005 be adopted with the addition of parts 2, 3 & 4
which reads in its entirety as follows:-
1 That Council notes HOTA Gold Coast Pty Ltd’s bi-annual performance report for the half-year
ended 31 December 2020 and its Audited Financial Statements for the period ending 30 June
2020.
2 That Council seeks advice from the City Solicitor regarding HOTA Gold Coast Pty Ltd’s
compliance with the objects of its constitution particularly object 2.1(b).
3 That HOTA presents to Council the minutes from its corporate governance framework review
of 25 February 2021.
4 That the City Solicitor confirm whether the process undertaken which resulted in HOTA Gold
Coast Pty Ltd engaging a professional services firm of which a Director is a partner was
proper.
The MOTION was LOST.801st Council Meeting 35
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.4 ECONOMY, TOURISM AND EVENTS (Continued)
ITEM 6 HOTA GOLD COAST PTY LTD – BI-ANNUAL PERFORMANCE REVIEW
LG426/717/-(P13) (Continued)
CLOSED SESSION
LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS
PROCEDURAL MOTION moved Cr Tate seconded Cr Vorster
That Council move into Closed Session pursuant to section 254J (3) of the Local Government
Regulation 2012, for consideration of the following item for the reason shown:-
Item Subject Reason
6 HOTA Gold Coast Pty Ltd – Bi-Annual Performance Legal advice obtained by the
Review local government or legal
proceedings involving the local
government including, for
example, legal proceedings
that may be taken by or
against the local government
CARRIED
PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Tozer
That the Council move into Open Session.
CARRIED
Following resumption into Open Session Item 6, was moved and carried as shown below:-
MOTION moved Cr Tozer seconded
That Committee Recommendation ETE21.0421.005 be adopted as printed which reads as follows:-
That Council notes HOTA Gold Coast Pty Ltd’s bi-annual performance report for the half-year ended
31 December 2020 and its Audited Financial Statements for the period ending 30 June 2020.
The MOTION lapsed for the want of a seconder.801st Council Meeting 36
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.4 ECONOMY, TOURISM AND EVENTS (Continued)
ITEM 6 HOTA GOLD COAST PTY LTD – BI-ANNUAL PERFORMANCE REVIEW
LG426/717/-(P13) (Continued)
MOTION moved Cr Vorster seconded Cr Tozer
1 That Council notes HOTA Gold Coast Pty Ltd’s bi-annual performance report for the
half-year ended 31 December 2020 and its Audited Financial Statements for the period
ending 30 June 2020.
2 That Council engage with the board of HOTA Gold Coast Pty Ltd to review its
constitution to ensure it remains fit for the purpose following the opening of the HOTA
Gallery having specific regard to the objects of the company.
CARRIED UNANIMOUSLY
The MOTION was CARRIED UNANIMOUSLY and became the RESOLUTION
RESOLUTION G21.0428.026
CLOSED SESSION
LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS
ITEM 3 GOLD COAST HEALTH AND KNOWLEDGE PRECINCT UPDATE REPORT
PD113/1164/CF REPORT CONFIDENTIAL
PROCEDURAL MOTION moved Cr Gates seconded Cr PC Young
That Council move into Closed Session pursuant to section 254J (3) of the Local Government
Regulation 2012, for consideration of the following item for the reason shown:-
Item Subject Reason
3 Gold Coast Health and Knowledge Precinct The local government’s budget that may
Update Report be taken by or against the local
government
Negotiations relating to a commercial
matter involving the local government for
which a public discussion would be likely
to prejudice the interests of the local
government
CARRIED
PROCEDURAL MOTION moved Cr Tozer seconded Cr O'Neill
That the Council move into Open Session.
CARRIED
Following resumption into Open Session Item 3, was moved and carried as shown on the following
pages.801st Council Meeting 37
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.4 ECONOMY, TOURISM AND EVENTS (Continued)
ITEM 3 GOLD COAST HEALTH AND KNOWLEDGE PRECINCT UPDATE REPORT
PD113/1164/CF (Continued) REPORT CONFIDENTIAL
RESOLUTION G21.0428.027 moved Cr Gates seconded Cr Caldwell
That Committee Recommendation ETE21.0421.002 be changed to read in its entirety as
follows:-
1 That the report/attachment be deemed non-confidential except for those part deemed by
the Chief Executive Officer to remain confidential in accordance with sections 171(3) and
200(4) of the Local Government Act 2009.
2 That the Council approves funding commitments of up to $1,152,350 to support the
attraction of Company 3, 4 and 5 as outlined in section 5.7.2 of the report. Such funding
is conditional on each company meeting relevant milestones as articulated in each
Funding Agreement.
3 That Council allocate funding through its normal budget deliberations to support its
commitment to the Gold Coast Health and Knowledge Precinct, including;
a 2021-22 – 2024-25 fiscal year – recurrent funding of $350,000 per year consisting of
$250,000 as a Partner contribution to the Gold Coast Health and Knowledge
Precinct partners Collaboration Agreement and $100,000 for any relevant precinct
consultancies project feasibilities.
b 2021-22 fiscal year – up to $492,500 to support Company 3 ,4, and 5 Funding
Agreements (as per Recommendation 3) – Year 1 Milestones
c 2022-23 fiscal year – up to $659,850 to support Company 3, 4 and 5 Funding
Agreements (as per Recommendation 3) – Year 2 Milestones
4 That the Chief Executive Officer be authorised to execute Funding Agreements for
Company 3, 4 and 5 in accordance with the standard GCHKP Investment Attraction
Program Funding Agreement and scheduled Milestones.
5 That Council notes that Company 1 and 2 Funding Agreements (approved under CEO
delegation) require an allocation of $26,600 and $47,500 respectively, to be sourced from
the reprovision of funds currently available in GCHKP Precinct Cost Centre 1007376.
6 That consideration of the revised Gold Coast Health and Knowledge Precinct Partners
Collaboration Agreement be presented to the Economy Tourism and Events Committee
Meeting, scheduled to be held on Wednesday 16 June 2021, commencing at 1pm.
CARRIED UNANIMOUSLY801st Council Meeting 38
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.4 ECONOMY, TOURISM AND EVENTS (Continued)
ITEM 4 MAJOR EVENT OPPORTUNITY
CS105/274/2021(P1) REPORT CONFIDENTIAL
Declarable Conflict of Interest – During Meeting
Councillor Name Cr Vorster
Matter Description Major Event Opportunity
Meeting Name Council Meeting
Meeting Date 28 April 2021
Item Number 4 Item Reference
Pursuant to section 150EQ(2) of the Local Government Act 2009, I hereby provide notice that I
have a declarable conflict of interest in this matter, the nature and particulars of which are as
follows:
Nature of the declarable conflict of interest
A reasonable person may form the view I have a personal interest in this matter as a friend is
a registered lobbyist representing SLSC Qld which is associated with SLSA the proponent of
the Major Event opportunity
If the declarable conflict of interest arises because of the councillor’s relationship
with a related party
The name of the related party Karly Abbott
The nature of the relationship of the
Friend
related party to the councillor
The nature of the related party’s
Lobbyist representing Surf Life Saving Queensland
interests in the matter
If the councillor’s or related party’s personal interests arise because of the receipt of a
gift or loan from another person
The name of the other person
The nature of the relationship of the
other person to the councillor or
related party
The nature of the other person’s
interests in the matter
The value of the gift or loan, and the
date the gift was given or loan was
made
I am voluntarily deciding not to participate in making a decision about the matter.
I am seeking permission to participate in making a decision about the matter.801st Council Meeting 39
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.4 ECONOMY, TOURISM AND EVENTS (Continued)
ITEM 4 MAJOR EVENT OPPORTUNITY
CS105/274/2021(P1) (Continued) REPORT CONFIDENTIAL
Declarable Conflict of Interest – During Meeting (Continued)
The reasons why my participation would improve decision making in the public
interest are as follows:
The interest in this matter is extremely minor and remote. Mrs Abbott does not represent
SLSA and has not to the best of my knowledge made any representations on behalf of either
SLSQ or SLSA on this matter. Participation in this matter will allow other proposals to be
better interrogated for their comparative return.
Cr Owen-Jones and Cr Patterson left the room at 1.35pm
PROCEDURAL MOTION moved Cr PJ Young seconded Cr Caldwell
Pursuant to section 150ES(3)(a) of the Local Government Act 2009, Council resolves that:
Cr Vorster may participate in the decision despite the Councillor’s conflict of
interest because the nature of the interest is remote and there has been no
A engagement between Cr Vorster and his friend on this matter and the
contribution to the debate and consideration of the matter from Cr Vorster will
improve the decision making process in the public interest.
A division was called
For: 10 Cr Caldwell, Cr PJ Young, Cr Bayldon-Lumsden, Cr La Castra, Cr Tozer,
Cr Taylor, Cr PC Young, Cr McDonald, Cr O'Neill, Cr Tate
Against: 0
Absent: 3 Cr Hammel, Cr Patterson, Cr Owen-Jones
Abstained: 0
Did Not Vote: 2 Cr Vorster, Cr Gates
CARRIED
Cr Vorster and Cr Gates did not vote.
Cr Patterson, Cr Owen-Jones were not present for discussion or voting on the declaration.
Cr Hammel was absent from the meeting.
Cr Patterson returned to the room at 1.37pm
Cr Owen-Jones returned to the room at 1.38pm801st Council Meeting 40
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.4 ECONOMY, TOURISM AND EVENTS (Continued)
ITEM 4 MAJOR EVENT OPPORTUNITY
CS105/274/2021(P1) (Continued) REPORT CONFIDENTIAL
RESOLUTION G21.0428.028 moved Cr Tozer seconded Cr Caldwell
That Committee Recommendation ETE21.0421.003 be adopted as printed which reads as
follows:-
1 That the report/attachments be deemed non-confidential except for those parts
deemed by the Chief Executive Officer to remain confidential in accordance with
sections 171 (3) and 200 (4) of the Local Government Act 2009.
2 That Council approves Major Events Gold Coast Pty Ltd’s investment in the major
event as outlined in Confidential Attachment 1, in accordance with clauses 1.4(b) and
13.3(d) of its Services and Funding Agreement.
3 That Council authorises the allocation of funding to Major Events Gold Coast Pty Ltd
for the major event as outlined in Confidential Attachment 1.
CARRIED UNANIMOUSLY
Cr Vorster voted in the positive
ADOPTION OF THE ECONOMY, TOURISM AND EVENTS COMMITTEE MINUTES
RESOLUTION G21.0428.029 moved Cr La Castra seconded Cr Tozer
That the Minutes of the Economy, Tourism and Events Committee Meeting of Wednesday
21 April 2021, covered by Recommendations numbered ETE21.0421.001 to ETE21.0421.007, be
adopted with the exception of Recommendation Numbers ETE21.0421.002 (item 3),
ETE21.0421.003 (item 4) and ETE21.0421.005 (item 6) which were specifically resolved.
CARRIED UNANIMOUSLY801st Council Meeting 41
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.5 PLANNING AND ENVIRONMENT
Cr Caldwell, Chairperson of the Planning and Environment Committee, presented the Minutes of the
Meeting of the Planning and Environment Committee held on Thursday 22 April 2021.
RESOLUTION G21.0428.030 moved Cr Caldwell seconded Cr Gates
That the Minutes of the Planning and Environment Committee Meeting held on Thursday
22 April 2021 covered by Recommendations numbered PE21.0422.001 to PE21.0422.010 be
received.
CARRIED
ITEM 3 REPORT ON REQUEST FOR A CHANGE (OTHER) TO A DEVELOPMENT PERMIT
FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A BAR AT 1730-1734
GOLD COAST HIGHWAY, BURLEIGH HEADS (TENANCY 7A & 1B – NIGHTJAR BAR)
– DIVISION 13 OTH/2020/28
RESOLUTION G21.0428.031 moved Cr Tozer seconded Cr PJ Young
That Committee Recommendation PE21.0422.002 be adopted as printed which reads as
follows:-
That the request for a Change (Other) to a Development permit for Material change of use
(Code assessment) for a Bar (Tenancy 7A & 1B) be refused for the following reasons:
1 That the proposed hours of operation do not achieve the purpose and overall outcomes
of the Centre zone code in that:
a Overall outcome 6.2.4.2(2)(b)(x) of the Centre zone code requires that commercial
operating hours in district centres generally cease by midnight to limit potential
social and amenity impacts arising from the use to nearby residents. The location
of the approved Bar along Justin Lane has limited surveillance from bystanders
and passing vehicles and provides opportunities for patrons loitering within the
laneway, increasing the chances of crime and amenity impacts to adjacent
sensitive land uses. The applicant has not demonstrated how social and amenity
impacts to nearby residents and the public will be mitigated, nor do officers
consider there to be a likely mechanism to overcome these impacts.
b Overall outcome 6.2.4.2(2)(a)(iii) of the Centre zone code does not support land
uses that reduce amenity. The proposed hours of operation are considered to
result in an increase of patrons to the site when other uses close at midnight. This
is considered to increase the chances of queuing into the development and
loitering of patrons along Justin Lane. Noise from vehicle activity associated with
the operation of the development is above the relevant noise criteria, therefore
indicating noise nuisance and sleep disturbance to the nearest noise sensitive
places. Therefore, the proposed hours of operation are considered to reduce
amenity.801st Council Meeting 42
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.5 PLANNING AND ENVIRONMENT (Continued)
ITEM 3 REPORT ON REQUEST FOR A CHANGE (OTHER) TO A DEVELOPMENT PERMIT
FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A BAR AT 1730-1734
GOLD COAST HIGHWAY, BURLEIGH HEADS (TENANCY 7A & 1B – NIGHTJAR BAR)
– DIVISION 13 OTH/2020/28 (Continued)
c Overall outcome 6.2.4.2 (2)(a)(vii) of the Centre zone code requires licensed
premises to be of a form, scale and intensity that complements the role of the
centre hierarchy including hours of operation while providing a balance of uses
enabling people to enjoy night-time entertainment without experiencing negative
social impacts. There is the potential for adverse impacts on persons, property
and amenity caused by patrons queueing to get into the venue, patron access and
egress, patrons smoking outside, patrons exiting the laneway (car start, car door
closure, vehicle bypass) particularly after the extended hours of operation and
consumption of alcohol. These identified amenity concerns would be exacerbated
should the hours be extended to 2:00 am. The Centre zone code describes
Burleigh Heads as a village centre with uses typically ceasing by midnight. The
applicant has not demonstrated how the proposal will mitigate amenity impacts on
nearby residents or reduce antisocial behaviour within Justin Lane. Therefore, the
proposed hours of operation are not considered appropriate for the village
character and the context of the development’s proximity to a residential
apartment building.
2 That the proposed hours of operation do not achieve performance outcome 2 and the
relevant overall outcomes of the General development provisions code in that:
a The proposed change results in a non-compliance with PO2 and overall outcomes
9.4.4.2(2)(a) & (b) in relation to amenity and safety impacts associated with the
proposed hours of operation as stated in point 1 above. The acoustic report
predicts that the cumulative impact of noise associated with vehicle activities, car
start, vehicle bypass and car door closure noise, will be above the relevant noise
criteria. Presently there will be few vehicle movements occurring post 12pm.
Should hours of operation of the premises be extended to 2am, there will likely be
significantly more vehicle movements between 12am and 2.30am. Taking into
consideration that the reports finding that vehicle noise exceeds the noise criteria
are based on an assessment against inaccurate overstated noise criteria. Noise
from vehicle activities will significantly exceed the noise criteria if accurate noise
criteria was used. Therefore, the proposal is not considered to protect adjacent
amenity and that impacts are likely to the health and safety of patrons and the
public.
CARRIED801st Council Meeting 43
28 April 2021 Minutes
10 RECEPTION & CONSIDERATION OF COMMITTEE MINUTES (Continued)
10.5 PLANNING AND ENVIRONMENT (Continued)
ITEM 4 REPORT ON REQUEST FOR A CHANGE (OTHER) TO A DEVELOPMENT PERMIT
FOR MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR A BAR AT 1730-1734
GOLD COAST HIGHWAY, BURLEIGH HEADS (TENANCY 7B – LOCKWOOD BAR)
DIVISION 13 OTH/2020/23
Prescribed Conflict of Interest – Prior to Meeting
Councillor Name Cr Gates
Material Change Of Use (Code Assessment) For A Bar At 1730-1734
Matter Description
Gold Coast Highway, Burleigh Heads (Tenancy 7b – Lockwood Bar)
Meeting Name Council Meeting
Meeting Date 28 April 2021
Item Number 4 Item Reference
Pursuant to sections 150EL(3)(a) and 150EL(3)(b) of the Local Government Act 2009, I hereby
provide notice that I have a declarable conflict of interest in this matter, the nature and particulars of
which are as follows:
Nature of the prescribed conflict of interest
Receipt of donation
If the prescribed conflict of interest arises for a gift, loan or contract
$1560 12 November 2014
The value of the gift, loan or
$1850 7 September 2015
contract
$3700 13 October 2016 refunded in full
If the prescribed conflict of interest arises for an application which a submission has
been made
The matters the subject of the
MCU Amend Hours of Operation
application and submission
If there is another entity, other than the councillor, that has an interest in the matter
The name of the other entity
The nature of the councillor’s
relationship with the other entity
Description of interest in the matter
Councillor’s interest Receipt of Donation from Planit Consulting
Other entity’s interest Planning Consultant employed by applicant
I will leave the meeting and will not participate in a decision relating to the matter.
Cr Gates left the roomYou can also read
