2019-09-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             10 SEPTEMBER 2019


     O27 Commercial development on and adjacent to the Noosa River is designed to –
           a) provide for uses for marine facility purposes only;
           b) be compatible with the scenic values of the waterway;
           c) provide a high level of amenity, including ensuring low ambient noise levels;
           d) not increase the overall scale and intensity of commercial operations;
           e) ensure no additional commercial leases on the Noosa River;
           f) ensure no net increase in the gross floor area of buildings or structures;
           g) use materials, natural finishes and colours that blend with the surrounding natural
              landscape; and
           h) reflect the character and setting of the locality (such as timber and tin construction
              with a traditional pitched roof design).
     O28 Commercial development does not extend beyond existing commercial lease areas.
     O29 The loading and unloading of passengers is confined to the commercial lease areas
         of the respective commercial operation.
The proposed change, reflecting the as constructed pontoon located 3cm from the lease
boundary, results in commercial activities occurring beyond the lease boundary. A fuel bowser is
situated at the end of the new timber jetty and results in water craft being situated outside the
lease area when refuelling. Furthermore, the loading and unloading of passengers may now
occur beyond the existing commercial areas.
It is acknowledged that the Noosa Ferry stops at this location and that the ferry would not be able
to be fully accommodated within the lease area even if the development were constructed in
accordance with the approved plans due to the size of the ferry vessel. However, this has long
been an accepted practice for stops along the commuter ferry route. It is noted that the
commercial activity of the ferry operator is conducted from within the lease area, including the
loading and unloading of passengers, at the Noosa Marina in Tewantin.
Watercourses Works Code
The proposed change is not consistent with Specific Outcome O5 of the Watercourses Works
Code as detailed below:
     O5    Prescribed tidal works are designed and sited to ensure—
           a) they are contained within the prolongation of boundaries of the lot;
           b) that when a vessel is berthed it does not encroach over the prolongation of
              boundaries of the lot;
           c) a high level of visual amenity is maintained when viewed from the watercourse
              and adjoining lands;
           d) they avoid conflicts with uses in the water and on the foreshore and adjoining
              lands;
           e) cluttering of watercourses is avoided;
           f) excessive traffic volumes within foreshore areas and adjoining lands are avoided;
           g) materials blend with the natural surrounds; and
           h) they reflect the character and setting of the immediate surrounds or the locality.
The applicant submits that the constructed works and berthed vessels are located within the
lease boundaries however the proposed change in jetty length results in the actual use of the
jetty extending beyond the boundaries of the lease area. The applicant indicates that a berth is a
vessels allotted place at a wharf and that all berthed vessels are able to be contained within the
lease area. The applicant therefore argues that the temporary docking of vessels does not
constitute berthing and complies with the outcome. Further the applicant submits that the existing
2.6 metre setback would not have allowed the coast guard or ferry to dock within the lease area.
The applicant’s comments are noted, however it has been Council’s practice to ensure that all
berthing, mooring and docking activities associated with jetties are located within the lease area
to minimise impacts and congestion of the waterways. Whilst the coast guard and ferry are
unable to dock in the lease area associated with this jetty these are not commercial activities

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