2017-04-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      11 APRIL 2017


In light of the above the proposal does not accord with this overall outcome as the development
provides for a commercial use other than a marine facility and increases the overall scale and
intensity of commercial operations.
Watercourses Works Code
Outcome 4
Prescribed tidal work does not include extensions of on-site recreational areas unless there is a
clear demonstrated public benefit and public support.
The works provide an extension to on-site recreational areas which can be used by both the
general public and patrons of the T-Boat Hire business.
The applicant submits that there is clear public benefit and support for the proposed extensions as
it allows for a safe, shaded seating area away from the public footpath for hire boat customers and
the public waiting for the ferry.
Whilst the deck areas may provide some relief for patrons of T-Boat Hire the claim that they provide
a public benefit is arguable. The primary purpose of the works appears to be associated with an
increase in the commercial activity associated with the café. The works primarily benefit a
commercial activity and the applicant has not demonstrated public benefit and support for the
works.
Outcome 9
Prescribed tidal works are designed and constructed for the sole purpose of providing access to
vessels and are sited and designed to avoid—
      a)    cluttering of watercourses;
      b)    excessive traffic volumes within foreshore areas and adjoining lands; and
      c)       conflicts with uses on the foreshore and adjoining lands;
      d)       unacceptable risks to personal and public safety.
The proposed deck areas are not for the sole purpose of providing access to vessel. In fact, there
appears to be no access provided from the decks. It is also noted that sufficient areas already exist
to provide access to vessels.
The works are not in accordance with this outcome as they facilitate an increase in the commercial
activity associated with the onsite café. There is also potential conflict with uses on the other side
of Gympie Terrace in so far as many of these businesses have incurred greater expenses to
operate entertainment and dining businesses associated with development approvals, rent,
provision of car parking and infrastructure charges. These business operators are likely to expect
that the café operator at T-Boat Hire is subject to the same assessment process as they were.
IDAS Code for Prescribed Tidal Works
The IDAS code sets out a number of specific outcomes and probable solutions for the works. The
following specific outcomes are of most relevance for the assessment.
Outcome 3.1
Prescribed tidal work is of a height, scale and size to ensure the work is compatible with the
character and amenity of its location, having regard to the following:
      (a)   The height, scale and size of the natural features of the work’s immediate surroundings
            and the locality within which the work is located,
      (b)   The height, scale and size of the existing buildings or other structures in the work’s
            immediate surroundings and the locality within which the work is located,
      (c)   If the relevant planning scheme states the desired height, scale or size of buildings or
            other structures in the work’s immediate surroundings or the locality within which the
            work is located – the stated desired height, scale or size.

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