Council Planning Report OPW17/0150

OPW17/0150 – development application for ooperational works - prescribed tidal works – extensions to an existing jetty at 180 gympie terrace noosaville

Document information

Author	Cordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/Application/OPW17/0150

Attachments	Attachment 1. 	Site Plan

APPLICATION DETAILS
Applicant	Pile-It Pty Ltd
Proposal	Development Permit for Operational Works - Jetty Ext./Pontoon
Properly Made Date	
Information Request Date	
Information Response Date	
Decision Due Date	
Number of Submissions	

PROPERTY DETAILS
Property Address	Jetty 180 Gympie Tce Noosaville Qld 4566
RP Description	Lot 163 CP 907408
Land Area	1705.0000 Square Metres
Existing Use of Land	

STATUTORY DETAILS
SEQRP Designation	
Locality	
Zone	
Overlays	
Assessment Type	Code
RECOMMENDATION
APPROVE (delete)
That Council note the report by the <<insert report author's position title>> to the Planning & Environment Committee Meeting dated <<insert meeting date>> regarding Application No.  for a Development Permit for   situated at Jetty 180 Gympie Tce Noosaville Qld 4566   and:
A.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
B.	Approve the application in accordance with the following conditions:
MCU & REC Conditions – click on link to access Conditions
REFUSE (delete)
That Council note the report by the <<insert report author's position title>> to the Planning & Environment Committee Meeting dated <<insert meeting date>> and:
A.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
B.	Refuse Application No.  for a Development Permit for , situated at  Jetty 180 Gympie Tce Noosaville Qld 4566   for the following reasons:
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REPORT
PROPOSAL
The application is for a Development Permit for Operational Works for Prescribed Tidal Works – Extension to an Existing Jetty.
The report submitted with the application identifies the following repairs and improvements as forming the work of this application:
site details
Background
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Site Description
The subject site is located at 9 Cardell Road, Tewantin (Lot 20 on CP907535) and includes a State Lands Lease over a portion of the Noosa River, which is currently 1,159m2 in area adjoining the western river bank.
The lease area is located along the RSL Memorial Park foreshore and currently contains a timber jetty structure, reception and office building as shown in the aerial photos below.
Surrounding Land Uses
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assessment
Statutory Instruments – Planning Scheme
The subject site is located in the Tewantin and Doonan Locality and takes on the zoning of the adjoining foreshore land which is Open Space Conservation Zone.
The proposed works require a Code assessment. The applicable codes are:
Noosaville Locality Code
Watercourses Works Code
IDAS code for Prescribed Tidal Works
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Noosaville Locality Code
Specific Outcomes:
Noosa River Outcome 21
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).
It is considered that the proposal accords with all aspects of this objective with the exception that there will be an increase in gross floor area attributable to the new storage building. The new building is to allow for the storage of items associated with the marine facility that had previously been stored outside. The new building is a minor addition as it is 12m2 in area and will be of colours and materials that are consistent with the character of the area. Conditions may be placed on the permit to limit the use of the building to the storage of materials associated with the marine facility.
Noosa River Outcome 22
Commercial development does not extend beyond existing commercial lease areas.
The proposal does not seek commercial development beyond the lease area. Historically boats moored at the facility have extended beyond the lease area. The permit applicant has provided advice that the current lessee (Luxury Afloat Houseboats) has a fleet of 4 main boats with the following dimensions:
2 x 13.7m long x 4.7m wide (45 foot 10 berth)
1 x 12.2m long x 5m wide (40 foot 8 berth)
1 x 10m long x 4.3m wide (33 foot 6 berth)
In addition to the above the current lessee also has several small tenders of various sizes.
The amended layout of the jetties improve the capacity for boats to be moored within the lease area as there is 10.5 metres in distance between the pontoons. This space is sufficient to accommodate the fleet of boats detailed above.
Watercourses Works Code
The proposal demonstrates a high level of compliance with the Watercourses Works Code
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:
The height, scale and size of the natural features of the work’s immediate surroundings and the locality within which the work is located,
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,
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.
The form of the development is compatible with the surrounding natural environment and the existing built form within and outside of the lease area.
Outcome 7.2
The location of prescribed tidal work ensures vegetation is cleared or disturbed only to the extent reasonably necessary for the work.
No vegetation removal is required for the works.
Outcome 8.1
Prescribed tidal work does not have a significant adverse effect on the availability of public access to foreshores, including public access proposed in the relevant planning scheme.
The works are contained within the lease area and do not significantly affect public access to the foreshore.

cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
The application was referred to the Department of Infrastructure, Local Government and Planning (SARA) as a concurrence agency. The Departments response was issued on 28 March 2017
The department’s response was an approval with conditions.
Other Referrals
The application was assessed by the following internal Council specialists:
Development Engineer, Engineering.
Their assessment forms part of this report.
conclusion & REASONS FOR DECISION
The application for an Operational Works Permit to develop alterations and additions to the jetty and pontoons at 9 Cardell Road is recommended for approval. The proposed works provide for an upgrade of an existing marine facility and complies with State and Local Planning Codes. The works will allow for improved access to the site to comply with current building standards and facilitate an improved capacity to moor vessels within the lease area. The new buildings will be an enhancement on the existing building within the lease and provide improved public safety by locating it closer to the jetty entry.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Environment & Sustainable Development		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance		Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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