2019-09-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              10 SEPTEMBER 2019


RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 September 2019 regarding Application No. OPW17/0150.01 to
make a minor change to an existing approval for extension to an existing jetty situated at Jetty
180 Gympie Terrace Noosaville and:
A.    Refuse the change for the following reasons:
      1.    The proposed works do not represent a minor change to the development approval
            because the change results in a substantially different development as it extends the
            use beyond the boundary of the lease and therefore results in the application
            applying to a new parcel of land.
      2.    The proposed works will result in a commercial activity outside the existing
            commercial lease area and have the potential to increase the overall scale and
            intensity of commercial operations contrary to the following provisions of the
            Noosaville Locality Code:
            (i)    Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and
                   foreshores from the cumulative impacts of development;
            (ii)   Specific Outcome O27(d) and (f), O28 and O29;
      3.    The proposed development is contrary to Specific Outcome O5(a) and (b) of the
            Waterway Works Code as the works are contained outside the boundaries of the
            existing lot and the berthing of vessels encroaches over the boundaries of the lot.
      4.    The proposal is contrary to Schedule 3 of the Coastal Protection and Management
            Regulation 2017 as certification that the completed works comply with the
            requirements of the regulation has not been provided.
      5.    The proposal is contrary to Performance Outcomes P03 and P09 of the Waterways
            Works Code of the draft New Noosa Plan whereby all commercial activities for a jetty
            are to be confined to the commercial lease areas of the respective commercial
            operation.
B.    Advise the applicant that the structure must be modified to comply with the Development
      Permit for Operational Works (OPW17/015) and approved plans within 6 months.
C.    Write to the Department of Natural Resources, Mines and Energy and request that the
      Department review the current commercial operations of Jetty 180 to ensure compliance
      with the current lease conditions.
D.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
1.    PROPOSAL
The applicant seeks approval to change the existing Operational Works approval for a jetty along
Gympie Terrace Noosaville, to permit the jetty to extend to the full length of the lease area. This
increase in length will result in vessels utilising the pontoon to be located outside the lease area.
An extract of the approved jetty is detailed in figure 1 below which provides a 2.6 metre setback
to the northern lease boundary. Figure 2 details the proposed change plan with no setback to the
northern lease boundary.
The applicant indicates that the changes are required as a result of the builder constructing the
jetty incorrectly and locating the extended structure within the required 2.6 metre setback.




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