Further Report - OPW16/0189 - Development Application For Operational Works Prescribed Tidal Works - Extension To An Existing Deck 290 Gympie Terrace Noosaville

OPW16/0189 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS PRESCRIBED TIDAL WORKS - EXTENSION TO AN EXISTING DECK 290 GYMPIE TERRACE NOOSAVILLE - FURTHER REPORT

Document information

Author	Coordinator Planning, Patrick Murphy
Planning & Infrastructure Department

Index	ECM / Application / OPW16/0189

Attachments	1. 	Submitted Plan

APPLICATION DETAILS
Applicant	Pile-It Pty Ltd
Proposal	Development Permit for Operational Works Prescribed Tidal Works - Jetty
ALTERNATE MOTION
That Council notes the reports by the Coordinator Planning to the Planning & Environment Committee Meeting dated 11 April 2017 and the General Committee Meeting dated 18 April 2017 regarding Application No. OPW16/0189 for a Development Permit for Operational Works for Prescribed Tidal Works – Extension to an Existing Deck situated at 290 Gympie Terrace Noosaville and:
A.	Approve the application for the following reasons:
1.	The existing works constructed are consistent with the Overall Outcomes of the Watercourses Works Code; and
2.	The existing works constructed are consistent with the relevant Specific Outcomes in the Watercourses Works Code with respect to:
Siting;
Character and Amenity; and
Design Construction and Safety
3.	The existing works constructed are consistent with the IDAS Code for Prescribed Tidal Works.
B.	Approve the application subject to the following conditions:
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
26159-S1	A	Jetty Plan and Details	June 2016
All structures associated with the development must be constructed wholly within the approved area
Structures must be designed and constructed such that they are free standing within the waterway and are not connected to or behind the revetment wall or rock wall. Upon completion of works, a certification by RPEQ must be provided to Council in this regard.
All structures must have no detrimental effects on stormwater drains and/or easements.
The jetty and deck areas must be constructed in a manner to render the underside area vermin proof
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall unless all switches and power outlets are positioned above the 1%AEP flood level.
Lighting associated with the use must be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
Certification by a Registered Professional Engineer of Queensland that states that the works have been constructed in accordance with best practice methods and are structurally sound must be submitted to Council. This certification must be submitted to Council within three (3) months of the date of this approval.  A final inspection and approval of the structure by Council’s Inspector is also required.  Please contact Council’s Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
All necessary State government approvals relating to this development must be obtained.
C.	Include the following Advisory Notes:
ADVISORY NOTES:
General Advisory Notes
That the Prescribed Tidal Works are to be used for the purpose of providing access to vessels and the ancillary lawful marine purposes conducted within the subject lease;
That the approval makes it clear that operational works approval in no way sanctions the use of the decks for a Type 1 Food and Beverage Business (i.e. café with dining facilities for 10 or more people) or other uses requiring prior approval under the planning scheme
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works. A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects of the engineering design. Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
The approval or conditions do not absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statues and/or statutory regulations in the execution and/or performance of said works.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.

REPORT
A report on this application was included on the Planning and Environment Committee Agenda dated 11 April 2017 (Item 6, Page 2), with consideration of the report referred to the General Committee Meeting on 18 April 2017.
The officer’s recommendation for refusal was not supported at the General Committee Meeting with the Committee requesting an alternate motion for approval of the application with relevant conditions. The basis for this decision included the following matters:
The jetty was in need of repair and improvement for disabled access;
The extensions are compliant with the marine facilities offered at the site, including passengers occupying deck space until boarding time; and
Advice conditions can distinguish this works approval from the use of the decking for café purposes.
Council staff continue to support the recommendation made to the General Committee Meeting on 18 April 2017.
Previous Staff Recommendation
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 11 April 2017 regarding Application No. OPW16/0189 for a Development Permit for Operational Works for Prescribed Tidal Works – Extension to an Existing Deck situated at 290 Gympie Terrace Noosaville and:
A.	Refuse the application for the following reasons:
The proposed works are contrary to the Noosaville Locality Code as the works are for non-marine commercial purposes that will result in an increase in the overall scale and intensity of commercial operations on and adjacent to the Noosa River;
The proposed works are contrary to the Watercourses Works Code as the works are not for the sole purpose of providing access to vessels and the applicant has not demonstrated clear public benefit and support for the works; and
The proposed works are contrary to the IDAS Code for Prescribed Tidal Works as the proposal does not make any provision towards car parking facilities.
B.	Advise the applicant that a Material Change of Use is required for the cafe to operate from the premises and that Council will give further consideration to the decks at the time the Material Change of Use application is lodged and once community consultation is undertaken for the Noosaville Foreshore Land Use Master Plan.

Departments/Sections Consulted:
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	Executive Office	x	Planning & Infrastructure		
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	Sustainability				

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ORDINARY MEETING REPORT	20 APRIL 2017

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	DD MONTH YYYY