2019-09-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                           10 SEPTEMBER 2019


supportive of the application and requested changes to the 1.4 metre setback to the northern
lease boundary. This resulted in an increased setback of 2.6 metre setback being provided to the
northern lease boundary, which was required to enable vessels to moor within the lease area.
The approved extensions were not carried out in accordance with the approved plans, as the
completed works provide a 3cm setback to the northern lease boundary. A Show Cause was
issued by Council on 12 October 2018 and the minor change application is lodged in response to
the Show Cause notice and seeks approval for the as constructed works.
For this application to be considered properly made the applicant was required to provide
landowner consent. In this instance the landowner is the Department of Natural Resources,
Mines and Energy (DNRME). The landowner consent is for the application to be made and does
not mean support or otherwise for the application. The Department have advised that landowner
consent was provided to enable assessment of the application to be made.
2.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
   State Planning Policy;
   South East Queensland Regional Plan;
   Planning Regulation 2017;
   The Noosa Plan.
   Schedule 3 of the Coastal Protection and Management Regulation 2017
2.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
not constitute a minor change on the grounds that the development would result in substantially
different development. The works result in the associated use extending beyond the boundary of
the lease and therefore results in the application applying to a new parcel of land.
2.3. Statutory Instruments
The subject site is located in the Noosaville Locality and takes on the zoning of the adjoining
foreshore land which is Open Space Conservation Zone. The relevant codes and regulations are:
 Noosaville Locality Code
 Watercourses Works Code
The original application was assessed against each of the above applicable codes and
considered to comply with the outcomes provided all vessels could moor within the confines of
the lease area. This requirement was also consistent with the terms of the lease which detail that
all vessels attached to moorings must not encroach beyond the boundaries.
Noosaville Locality Code
The proposed change is not considered consistent with Overall Outcome 11.7.2(hh) and Specific
Outcomes O27, O28 and O29 of the Noosaville Locality Code as detailed below:
     11.7.2 The overall outcomes sought for the Noosaville Locality are the following —
     hh)   The Noosa River and foreshores are protected from the cumulative impacts of
           development and activities and are protected in a way that promotes and provides for
           low impact nature-based recreation activities in and around the Noosa River over
           other forms of recreation;



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