2023-02-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  07 FEBRUARY 2023


EXECUTIVE SUMMARY
This report reviews representations made by the applicant to two conditions of the development
approval to upgrade existing infrastructure for O Boat Hire at Gympie Terrace, Noosaville. The
applicant specifically seeks conditions 14 regarding electricity reticulation and 22 requiring an audit
of the fuel facilities be deleted.
Condition 14 addresses Council’s duty of care in terms of public safety and still supports the
operation of the office and fuel bowser from the landing.
Condition 22 requires an audit of the existing fuel facility and is important to ensure this facility is
operating in a safe and serviceable condition for users and will not cause environmental harm.
It is therefore recommended that the representations be refused given the conditioned
requirements are commensurate with the extent of works proposed and are reasonably required.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 February 2023 regarding representations made in relation to
Application No. MCU22/0048 & OPW22/0089 for a Development Permit for Material Change of
Use - Landing (Commercial) and Operational Works – Prescribed Tidal Works situated at Jetty 222
Gympie Terrace Noosaville and:
A.    Refuse to delete conditions 14 and 22 for the following reasons:
      Condition 14 addresses Council’s duty of care in terms of public safety, is commensurate
      with the extent of works proposed and still supports the operation of the office and fuel
      bowser from the landing.
      Condition 22 is required to be undertaken to ensure the fuel system is in a safe and
      serviceable condition for users and will not cause environmental harm. The third party testing
      of service lines was undertaken 12 months ago and it is reasonable to undertake a full audit
      of the system and ensure it has not been affected by any recent or new weather events as
      well as vibrational or physical impacts.
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.     BACKGROUND
An application to upgrade the existing infrastructure for O Boat Hire at 222 Gympie Terrace,
Noosaville was approved at Council’s Ordinary meeting on 17 November 2022. The upgrade
includes an extension of the length of the jetty head which is a series of pontoons. Additional
pontoons extending off the jetty are also proposed.
The applicant suspended the appeal period on 6 December 2022 and made representations on 21
December 2022 to the development approval conditions. The representations are detailed below
and are made in response to conditions 14 and 22 which impose a limitation on electrical
reticulation and require an audit to be undertaken of the fuel facility.
At the time the application was publicly notified 2 properly made submissions were received. The
submitters were primarily concerned with the potential impacts of the works, with no support for
more party boats or jet skis on the river, which the applicant was not proposing.
2.     ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:




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