Jetty report - hay feb 2022 · MCU22/0017

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Contents
1.0      Summary ......................................................................................................................... 3
  1.1       Development application details ............................................................................................. 3
  1.2       Planning instrument details ..................................................................................................... 3
  1.3       Referral agencies ..................................................................................................................... 3
2.0      Site details ....................................................................................................................... 4
  2.1       Site description ....................................................................................................................... 4
  2.2       Surrounding land uses ............................................................................................................. 4
3.0      Proposed development details ......................................................................................... 5
4.0      Planning assessment ........................................................................................................ 6
  4.1       Key aspects ............................................................................................................................. 6
5.0      State assessment and other matters ................................................................................ 7
  5.1    State interests ......................................................................................................................... 7
    5.1.1 Matters established in the Planning Regulation .............................................................................. 7
    5.1.2 State Planning Policy ........................................................................................................................ 7
6.0      Conclusion ...................................................................................................................... 7



Client Name:         Kate and Andrew Hay
Prepared by:         Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:             1
Date:                2 February 2022




This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.




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1.0 Summary

1.1 Development application details
  Proposed development:        Landing (jetty) in the Noosa Waters Estate Waterway

  Type of approval sought:     Development Permit for Material change of use (Landing)
                               Operational work (jetty)
  Site address:                19 The Peninsula, Noosaville
  Real property description:   267 on RP856191
  Site area:                   730m²
  Assessment manager:          Noosa Council
  Owner details:               Kate and Andrew Hay
  Applicant details:           Kate and Andrew Hay c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
  State planning policy:       State Planning Policy 2017
  Regional plan:               SEQ Regional Plan 2009–2031 (version commenced 2 May
  Designation:                 2014), Urban footprint designation.
  Planning scheme:             Noosa Plan 2020
  Zone:                        Low density residential zone
  Level of assessment:         Code
  Applicable overlays:         Nil
  Applicable codes:            Noosaville Local Plan Code
                               Low Density Residential Code
                               Waterways Works Code



1.3 Referral agencies
Nil




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2.0 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                               Description

 Existing land use                  Dwelling house

 Frontage and access                17.7m to The Peninsula and the Noosa Waters estate waterway

 Topography and views               Built house lot, generally level with a slope to the revetment wall.

 Existing vegetation                Existing gardens around the dwelling house.




Figure 1 - Aerial view of the premises



2.2 Surrounding land uses
The site is surrounded by existing houses within the Low-Density residential zone, most of which
have jetties.




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3.0 Proposed development details
Table 2: Summary of development aspects
    Material change of use and Operational works

    Material change of Use                         Landing

    Operational works                              Jetty within the Noosa waters estate waterway




Figure 2 - proposed site plan and jetty location

The application proposes an L shaped Landing constructed mostly of timber. The jetty is 1.5m wide,
9m from the revetment wall, and proposes a jetty head 7m wide. Handrails are proposed 900mm
above the jetty floor level. Setbacks to the prolongation of the boundaries are as follows:

•     South boundary – 4m;
•     Northern boundary – 6.6m.




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4.0 Planning assessment

4.1      Key aspects

The Waterways Works Code sets out key criteria for jetties within the Noosa Waters Estate
waterways to comply with. These key criteria are provided below in the following Table


 Criteria                                                  Comment                   Comply

 AO16.1                                                The proposal is setback Y
                                                       from the prolongation of
 For lots with watercourse frontage greater than 15
                                                       the southern boundary
 metres in width, jetties are setback a minimum of 3
                                                       (closest boundary) of 4m
 metres from the prolongation of the boundaries (Refer
                                                       and 6.6m from the northern
 Figure 9.4.9.3A).
                                                       boundary.

 PO18                                                    The handrail is proposed at Y
                                                         a height of 900mm above
 Structures such as handrails, light bollards, piers and
                                                         the jetty floor
 pumping equipment for semi-submersible floating docks
 have a maximum height of 1100mm above the jetty floor.

 AO19.1                                                      The proposal seeks a Y
                                                             maximum jetty width of
 Jetties—
                                                             1.5m and a head of 7m.
     (a) are a maximum width of 1.5 metres;                  The jetty is constructed
     (b) a maximum length of a jetty head is not more than mostly of timber and is less
         7 metres (Refer Figure 9.4.9.3C);                   then    10m   past     the
     (c) constructed predominantly of timber;                quayline.
     (d) are not constructed parallel to the revetment wall;
         and extend a maximum of 10 metres past the
         quayline.


 AO19.2                                                   The jetty head is 10.5m² Y
                                                          and the walkway is greater
 For “Y” and “T” shaped jetty heads or other shaped jetty
                                                          than 3m to the jetty head.
 heads—
      (a) a maximum area of 10.5m² excluding any
          walkway is provided; and
      (b) a walkway with a minimum length of 3 metres is
          provided to the jetty head (Refer Figure
          9.4.9.3D).

 AO19.3                                                  The jetty is proposed Y
                                                         independent     of the
 Jetties have independent support structures and are not
                                                         revetment wall.
 supported by the revetment wall.




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5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The application does not trigger assessment for coastal hazards.

6.0 Conclusion
This application seeks a Development Permit for Material change of use for a Landing and
Operational works for a jetty within the Noosa Waters estate waterway situated at 19 The Peninsula,
Noosaville. The proposal is subject to code assessment within the Low Density Residential zone and
fully complies with the relevant codes. The assessment finds the proposal meets the relevant
Acceptable and Performance Outcomes of the Development, and Works Codes.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

         (a)   against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and

         (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

         (a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
         the development; and

         (b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
         and

         Examples—
                 1           An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks.

                   2         An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                             response.

         (c) may impose development conditions on an approval; and

         (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
         application only if compliance cannot be achieved by imposing development conditions.

         Example of a development condition—
                            a development condition that affects the way the development is carried out, or the management of uses
                            or works that are the natural and ordinary consequence of the development, but does not have the effect
                            of changing the type of development applied for


The assessment finds the development generally complies with all Acceptable Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.




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