2017-03-07 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   7 MARCH 2017


REPORT
A report on this application to construct a deck on the northern side of the Noosa Marina was
presented to the Planning & Environment Committee meeting on 6 September 2016 and
subsequently deferred at the Ordinary Meeting to allow staff to hold further discussions with the
applicant on their future plans for the facility. Council staff subsequently met with the applicant
wherein additional information was provided by the applicant. This additional information was
presented to Council’s Planning & Environment Committee on 6 December 2016 wherein staff
advised that the construction of the deck was not well considered as the deck was a substantial
structure and had the potential to provide for expansion of the commercial uses on the site,
without giving due consideration to the impacts of the structure and expanded uses.

Council at its Ordinary Meeting on 15 December 2016 subsequently resolved to refuse the
Operational Works application for the following reasons:
1.   The proposed deck does not comply with Overall Outcome and Specific Outcomes of the
     Noosa Plan’s Watercourses Works Code and Tewantin and Doonan Locality Code.
2.   The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the Coastal
     Protection and Management Regulation 2003 and does not comply with Specific Outcomes
     of the IDAS Code of the Coastal Protection and Regulation 2003.
3.   The proposed development will create the potential to intensify the commercial uses by
     increasing the available deck areas within the marina.
4.   The proposed deck adds a substantial area and additional built form on the Noosa River, is
     likely to increase traffic volumes on adjoining lands and there are insufficient parking
     facilities available in the area

As a result of Council’s decision to refuse the application, the applicant has now lodged an
appeal with the Planning & Environment Court maintaining that the proposed deck meets
provisions of The Noosa Plan and the IDAS Code of the Coastal Protection and Management
Regulation 2003. The applicant seeks that the Planning & Environment Court approve the
application subject to reasonable and relevant conditions.

It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration

Ordinary Meeting, 15 December 2016, Item 2, Page 8
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 6 December 2016 regarding application OPW16/0016 for a
Development Permit for Operational Works – Prescribed Tidal Works (Deck) at 2 Parkyn Court,
Tewantin and refuse the application for the following reasons:
1.   The proposed deck does not comply with Overall Outcome and Specific Outcomes of the
     Noosa Plan’s Watercourses Works Code and Tewantin and Doonan Locality Code,
2.   The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the Coastal
     Protection and Management Regulation 2003 and does not comply with Specific Outcomes
     of the IDAS Code of the Coastal Protection and Regulation 2003,
3.   The proposed development will create the potential to intensify the commercial uses by
     increasing the available deck areas within the marina,
4.   The proposed deck adds a substantial area and additional built form on the Noosa River, is
     likely to increase traffic volumes on adjoining lands and there are insufficient parking
     facilities available in the area.




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