2019-09-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              10 SEPTEMBER 2019


The proposed length of the jetty and reduced setback is not consistent with Council’s approach to
jetties and works within the Noosa River and further extends the commercial use and structure
into the waterway. The jetty will result in boats refuelling being located outside the lease area and
into the public waterway.

3.    DRAFT PLANNING SCHEME
The Draft Noosa Plan includes the site in the Recreation and Open Space zone. Under the Draft
Plan the use of a jetty, wharf, boardwalk, boat ramp etc is considered a material change of use
for a Landing. A Landing is detailed as being impact assessable within the zone with
Performance Outcome of the Waterways Works Code detailing:
P03 All commercial activities including, the loading and unloading of passengers and boat
    docking is confined to the commercial lease areas of the respective commercial operation.
PO9 Prescribed      tidal    works      are     designed     and        sited       to     ensure—
    they are contained within the prolongation of boundaries of the lot;
      a. that when a vessel is berthed it does not encroach over the prolongation of boundaries
         of the lot;
      b. a high level of visual amenity is maintained when viewed from the waterway and
         adjoining lands;
      c. they avoid conflicts with uses in the water and on the foreshore and adjoining lands;
         cluttering of waterways is avoided;
      d. public access to beaches and foreshores is not impeded, including the pocket sandy
         beaches and other foreshores along the Noosa River;
      e. excessive traffic volumes within foreshore areas and adjoining lands are avoided;
      f. materials blend with the natural surrounds; and
      g. they reflect the character and setting of the immediate surrounds of the locality.
The proposed works do not comply with Performance Outcomes P03 and P09 of the Waterways
Works Code as the siting of the works results in commercial activities occurring outside the
commercial lease area.

4.    CONSULTATION
4.1. Referral Agencies
The original application was referred to the Department of Infrastructure, Local Government and
Planning (SARA), the development application was referred to the department under the
following provisions of the Sustainable Planning Regulation 2009:
Schedule 7, Table 2, Item 13—Tidal works, or development in a coastal management district
Schedule 7, Table 2, Item 15—Tidal works, or development in a coastal management district
The current application was forwarded to the of Department of Infrastructure, Local Government
& Planning (SARA) for comment to which SARA advised on 23 November 2018 that they were
no longer an affected entity under the Planning Act 2016. SARA also advised that as the
proposal plans were not in accordance with their approved plans and conditions, a separate
application to amend the State conditions and plans would be required. This application would be
assessed by Maritime Safety Queensland to assess impacts on navigation. Council would be an
affected entity in relation to the change application to SARA.
It is noted that the SARA approval includes condition 12 which states:
      The construction, operation or maintenance of the structure, and any ship moored at this
      structure, must not impede the safe navigation of other ships or restrict safe access to or
      from neighbouring structures.
      All vessels must be moored within the water allocation plan to ensure safe access to vessel
      mooring at adjacent structures.


                                                                                      Page 19 of 76