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Development Assessment Report · OPW16/0016

Attached to the e-mail OPW16/0016 - Operational Works Application.

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             DEVELOPMENT ASSESSMENT REPORT
                         2 PARKYN COURT, TEWANTIN
           LOT 388 MCH839039, LOT 400 MCH839039 & LOT 178 MCH5169

          DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS FOR
                        PRESCRIBED TIDAL WORK

File No. 15263                                                February 2016
Full text of the other 43 pages

Page 2

Project Urban – 15253                                                                                                           February 2016




DOCUMENT INFORMATION

Project number:                       15253

Report prepared for:                  Quadrant Holdings Pty Ltd



DOCUMENT CONTROL

 Revision #                 Date                  Prepared by                       Reviewed by                      Authorised by

      Draft             01/02/2016                 Adam Seaton                        Scott Sobey                              -

      Final             02/02/2016                 Adam Seaton                        Scott Sobey                       Scott Sobey



COMPANY DETAILS

Project Urban Pty Ltd
Suite 1 Corner Surf Road & Gardak Street

Alexandra Headland Qld 4572
Tel: 07 5443 2844
Fax: 07 5443 7146
Email: [email protected]


Disclaimer Statement

Project Urban Pty Ltd retains ownership and copyright of the contents of this document including drawings, plans, figures and other work
produced by Project Urban Pty Ltd. This document is not to be reproduced in full or any part, unless separately approved by Project Urban Pty
Ltd. The client may use this document only for the purpose of which it was prepared. No third party is entitled to use or rely on this document.

This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and
conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your
professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply.




Development Assessment Report                                                                                                      Page 1 of 14
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Project Urban – 15253                                                                                                              February 2016




TABLE OF CONTENTS
1.0      APPLICATION SUMMARY .................................................................................................. 3
2.0      INTRODUCTION ................................................................................................................ 4
3.0      SITE DESCRIPTION .......................................................................................................... 5
  3.1       SUBJECT SITE ....................................................................................................................... 5
4.0      PROPOSED DEVELOPMENT ............................................................................................... 6
5.0      STATE PLANNING INTERESTS .......................................................................................... 7
  5.1       STATE PLANNING REGULATORY PROVISIONS ........................................................................ 7
  5.2       STATE PLANNING POLICY ..................................................................................................... 7
  5.3       REFERRAL ........................................................................................................................... 11
  5.4       STATE DEVELOPMENT ASSESSMENT PROVISIONS ................................................................. 11
6.0      NOOSA PLAN 2006 .......................................................................................................... 12
  6.1       LEVEL OF ASSESSMENT ........................................................................................................ 12
  6.2       OVERLAYS ........................................................................................................................... 12
  6.3       TEWANTIN & DOONAN LOCALITY ......................................................................................... 13
  6.4       OPEN SPACE AND RECREATION ZONE .................................................................................. 13
  6.5       DEVELOPMENT CODES ......................................................................................................... 13
7.0      CONCLUSION .................................................................................................................. 14

ATTACHMENT 1 – Planning Scheme Code Assessment prepared by Project Urban
ATTACHMENT 2 – Prescribed Tidal Work Code Assessment prepared by Project Urban
ATTACHMENT 3 – SDAP Code Assessment prepared by Project Urban

SUPPORTING DOCUMENTATION
Proposal Plans prepared by International Marina Consultants

Artist Impressions prepared by Peter Morrison




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Project Urban – 15253                                                                                  February 2016




1.0 APPLICATION SUMMARY
 SITE DETAILS

 Address                                       2 Parkyn Court, Tewantin

 Real Properly Description                     Lot 388 MCH839039, Lot 400 MCH839039 & Lot 178 MCH5169

 Land Area                                     14,512m² (1.4512 ha)

 Local Authority                               Noosa Council

 Registered Landowner                          The State of Queensland

 Registered Lessee                             Quadrant Holdings Pty Ltd A.C.N. 009 947 942

 Current Use                                   Noosa Marina

 PLANNING SCHEME DESIGNATIONS

 Planning Scheme                               Noosa Plan 2006

 Locality                                      Tewantin and Doonan locality

 Zone                                          Open space recreation zone

 Overlays                                       Biodiversity (riparian buffer area & watercourse and drainage
                                                 lines)
                                                Natural hazard (flood hazard area, area subject to min floor
                                                 height & high potential acid sulfate area 0-5m AHD)

 APPLICATION DETAILS

 Applicant                                     Quadrant Holdings Pty Ltd C/- Project Urban

 Application Type                              Development Permit for Operational Work

 Proposal                                      Prescribed Tidal Works for Deck

 Level of Assessment                           Code Assessable

 Referrals                                     Schedule 7, table 2, items 13 and 18 – Tidal works, or development
                                               in a coastal management district


 PROJECT TEAM

 Town Planning                             Project Urban

 Proposal Plans                            International Marina Consultants

 Artist Impressions                        Peter Morrison




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Project Urban – 15253                                                                         February 2016




2.0 INTRODUCTION
This Development Assessment Report has been prepared to support a Development Application for
Operational Work for Prescribed Tidal Works (Deck) on behalf of Quadrant Holdings Pty Ltd.

The subject site is the existing Noosa Marina situated at 2 Parkyn Court, Tewantin and is described as Lot
388 MCH839039, Lot 400 MCH839039 & Lot 178 MCH5169.

Under the Noosa Plan 2006 the site is included within the open space recreation zone of the Tewantin and
Doonan locality. The applicable table of development assessment identifies that the proposal is code
assessable.

The purpose of this report is to describe the characteristics of the site, detail the proposed development
and provide an assessment of the proposed development against the applicable planning provisions.

This report should be read in conjunction with the accompanying covering letter, IDAS Development
Application forms, Proposal Plans and Artist Impressions.




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Project Urban – 15253                                                                                     February 2016




3.0 SITE DESCRIPTION
3.1 SUBJECT SITE

The subject site is the existing Noosa Marina situated at 2 Parkyn Court, Tewantin and is legally described
as Lot 388 MCH839039, Lot 400 MCH839039 & Lot 178 MCH5169.

The site comprises an area of 14,512m² (1.4512 ha) and is occupied by the existing Noosa Marina. The
site has a road frontage to Parkyn Court of approximately 112m and a road frontage to Memorial Avenue
of approximately 167m.

An aerial photo of the subject site is included within Figure 1 below:



                                                                                           APPROX. LOCATION OF
                                                                                           PROPOSED DECK




Figure 1: Aerial Photograph of Subject Site, NearMap, Accessed January 2016, http://www.nearmap.com




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Project Urban – 15253                                                                            February 2016




4.0 PROPOSED DEVELOPMENT
The proposed development is to be located within the existing Noosa Marina, which was originally
established under a special development lease granted by the state government.

The lease provides for the use of the site for "marine facility purposes, namely a marina for the berthing of
sixty-five vessels, a tourist centre and charter vessel/tour boat passenger terminal and common user vessel
berth or berths and licensed premises, and facilities as are reasonably associated with the operation of a
marina including a fuelling facility, slipway, marine workshop (not to include sandblasting), security and
management centre, offices, restaurants and speciality shops."

Subsequent use rights have also been previously established under the planning scheme through a
historical rezoning and plan of development.

The development proposes to remove an existing pontoon and replace it with a deck structure at the north
eastern most edge of the existing marina development as shown on the attached proposal plans prepared
by International Marina Consultants. The proposal includes approximately 409m2 of decking and a new
concrete slab area of approximately 28.5m2.

The proposed works are wholly contained within the existing use/lease area and are consistent with
existing use rights and provisions of the state government lease and previous Council approvals. The
proposed works will provide improved facilities for existing site uses.

An artist’s impression of the proposed deck is shown in Figure 2 below:




Figure 2: Artist’s Impression of Proposed Deck, Peter Morrison, September 2015.




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Project Urban – 15253                                                                                February 2016




5.0 STATE PLANNING INTERESTS
5.1 STATE PLANNING REGULATORY PROVISIONS

State planning regulatory provisions are state planning instruments that regulate development and can
apply to all or part of the state.

The following regulatory provisions are in effect:

 State Planning Regulatory Provisions                        Comment
 Draft amendment to the South East Queensland The site is included with the Urban Footprint.
 Regional Plan 2009-2031 State Planning Regulatory Assessment against the regulatory provisions is not
 Provisions                                        applicable.

 Guragunbah State Planning Regulatory Provision              Not applicable

                                                             The site is not located within the Guragunbah area.

 State Planning         Regulatory     Provision   (adopted Not applicable
 charges)

 Yeerongpilly Transit Oriented Development State Not applicable
 Planning Regulatory Provision
                                                 The site is not located within the Yeerongpilly
                                                 Transit Oriented Development area.

 Off-road motorcycling facility on State-owned land Not applicable
 at Wyaralong
                                                    The site is not located within the Wyaralong area.

 State Planning Regulatory Provisions (Adult stores)         Not applicable

                                                             The proposal does not include an adult store use.

 South East Queensland Koala Conservation State Not applicable
 Planning Regulatory Provisions
                                                The site is not located within a Priority Koala
                                                Assessable Development Area or a Koala
                                                Assessable Development area.


5.2 STATE PLANNING POLICY

The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of state
interest in land use planning and development. The SPP only applies to development assessment if the
planning scheme has not yet appropriately integrated the SPP. If there is a discrepancy between a local
planning scheme and a state planning policy, then what is outlined in the state planning policy overrides
the planning scheme.

The Noosa Plan 2006 does not reflect the SPP and assessment against the SPP is required.

Part E of the SPP details the interim development assessment requirements for the following state
interests:




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Project Urban – 15253                                                                      February 2016



State Interest                                 Comment
Liveable communities                           Not applicable:

                                               The proposal is for operational works.
Mining and extractive resources                Not applicable:

                                               The site is not within a key resource area (KRA),
                                               the separation area of a KRA or the transport route
                                               separation area of a KRA.
Biodiversity                                   Applicable:

                                               The site does include land that relates to a matter
                                               of state environmental significance in accordance
                                               with SPP mapping and the application is for
                                               operational work. An Assessment against the
                                               Biodiversity State Interest is applicable and has
                                               been included below.
Coastal environment                            Not applicable:

                                               The site is not located within           the    coastal
                                               management district.
Water quality                                  Receiving waters - Not applicable:

                                               The proposed operational works won’t disturb
                                               more than 2500m2 of land.

                                               Water supply catchment - Not applicable:

                                               The site is located within an urban area, located
                                               outside the SEQ water supply buffer area and the
                                               proposal does not involve material change of use
                                               or reconfiguration of a lot.

                                               Acid sulfate soils - Not applicable:

                                               The land is at or below 5m AHD but the proposal
                                               does not involve more than 100m3 of excavation or
                                               500m3 of fill.
Emissions and hazardous activities             Not applicable:

                                               The site is not located within a management area.
Natural hazards, risk and resilience           Applicable:

                                               The site is mapped as being within a flood hazard
                                               area and coastal hazard areas (erosion prone area,
                                               medium storm tide inundation area and high storm
                                               tide inundation area). An Assessment against the
                                               natural hazards, risk and resilience State interest is
                                               applicable and has been included below.
State transport infrastructure                 Not applicable:

                                               The proposal is for operational works.
Strategic airports and aviation facilities     Not applicable:

                                               The site is not located within proximity of a
                                               strategic airport or aviation facility.

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Project Urban – 15253                                                                          February 2016



The following provides an assessment of the applicable states interests identified above:

 LIVEABLE COMMUNITIES STATE INTEREST
 BIODIVERSITY STATE INTEREST
 Assessment Criteria                                  Comment
 Development:                                         Complies – The site is identified as being affected
 (1) enhances matters of state environmental by the regulated vegetation (intersecting a
 significance where possible, and                     watercourse) overlay by the SPP Mapping. The site
 (2) identifies any potential significant adverse is not mapped as containing any significant
 environmental impacts on matters of state vegetation by Council or SARA mapping and the
 environmental significance, and                      development does not require the removal of any
 (3) manages the significant adverse environmental vegetation. In consideration of the above the
 impacts on matters of state environmental proposed development will not have any
 significance by protecting the matters of state unreasonable adverse impact on the mapped
 environmental significance from, or otherwise matter of state environmental significance.
 mitigating, those impacts.
 (2) ensures that the disturbance of ASS avoids or
 minimises the mobilisation release of acid and
 metal contaminants by:
     (a) neutralising existing acidity and preventing
     the generation of acid and metal contaminants,
     and
     (b) preventing the release of surface or
     groundwater flows containing acid and metal
     contaminants into the environment.
 NATURAL HAZARDS, RISK AND RESILIENCE STATE INTEREST
 Assessment Criteria                                  Comment
 Development:                                         Complies - The site is within a flood hazard area
 (1) avoids natural hazard areas or mitigates the and coastal hazard areas (erosion prone area,
 risks of the natural hazard to an acceptable or medium storm tide inundation area and high storm
 tolerable level, and                                 tide inundation area) in accordance with the SPP
                                                      mapping. The deck is proposed to be established
                                                      at 2.2m AHD which is 1.65m above the Highest
                                                      Astronomical Tide (H.A.T). The establishment of
                                                      the deck at this level will ensure the proposed
                                                      works will achieve adequate immunity from
                                                      flooding and storm tide inundation. The proposed
                                                      deck has been designed by an RPEQ who
                                                      specializes in Marina type developments to ensure
                                                      the proposal is adequately designed to withstand
                                                      any possible erosion issues. In consideration of the
                                                      above the proposed development has mitigated
                                                      the risks of natural hazards.
 (2) supports, and does not unduly burden, disaster Complies – The deck is proposed to be
 management response or recovery capacity and established at 2.2m AHD which is 1.65m above the
 capabilities, and                                    Highest     Astronomical     Tide   (H.A.T).    The
                                                      establishment of the deck at this level will ensure
                                                      the proposed works will achieve adequate
                                                      immunity from flooding and storm tide inundation
                                                      so as not to burden disaster management
                                                      capacity.
 (3) directly, indirectly and cumulatively avoids an Complies – The deck is proposed to be
 increase in the severity of the natural hazard and established at 2.2m AHD which is 1.65m above the
 the potential for damage on the site or to other Highest         Astronomical     Tide   (H.A.T).    The
 properties, and                                      establishment of the deck at this level will ensure
                                                      the proposed works will achieve adequate

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Project Urban – 15253                                                                          February 2016



                                                        immunity from flooding and storm tide inundation.
                                                        The proposed deck has been designed by an RPEQ
                                                        who specializes in Marina type developments to
                                                        ensure the proposal is adequately designed to
                                                        reasonably withstand the potential impacts of
                                                        natural hazards.
 (4) avoids risks to public safety and the              Not applicable – The proposal is for operational
 environment from the location of hazardous             works for a deck only. The deck will not be used
 materials and the release of these materials as a      for the storage of hazardous materials.
 result of a natural hazard, and
 (5) maintains or enhances natural processes and        Complies – The proposal largely maintains the
 the protective function of landforms and               existing natural landform and allows for the
 vegetation that can mitigate risks associated with     existing flows and natural processes of the Noosa
 the natural hazard, and                                River.
 (6) is not located in an erosion prone area within a   Not applicable – the proposed deck is not
 coastal management district unless:                    located within a coastal management district.
     (a) it cannot feasibly be located elsewhere, and
     (b) is coastal-dependent development, or
     temporary, readily relocatable or able-to-be-
     abandoned development, and
 (7) that is the redevelopment of existing              Not applicable – the proposal is for a new deck
 permanent buildings or structures, is located          structure.
 outside an erosion-prone area or, where this is not
 feasible, redevelopment:
     (a) is located:
         i. as far landward from the seaward
         property boundary as possible, or
         ii. landward of the seaward alignment of the
         neighbouring buildings, and
     (b) provides space seaward of the development
     within the premises to allow for the future
     construction of erosion control structures, such
     as a seawall, and
 (8) proposes to undertake coastal protection work      Complies – the development does not propose
 (excluding beach nourishment) only as a last resort    coastal protection works. The proposed deck has
 where coastal erosion presents an imminent threat      been designed by an RPEQ who specializes in
 to public safety or existing buildings and             Marina type developments to ensure the proposal
 structures, and all of the following apply:            is adequately designed to withstand any possible
     (a) the property cannot reasonably be              erosion issues.
     relocated or abandoned, and
     (b) any coastal protection works to protect
     private property is located as far landward as
     practicable and on the lot containing the
     property to the maximum extent reasonable,
     and
     (c) the coastal protection work mitigates any
     increase in coastal hazard risk for adjacent
     areas.




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Project Urban – 15253                                                                          February 2016




5.3 REFERRAL

Referral to the State Assessment and Referral Agency (SARA) is triggered under Schedule 7, table 2, items
13 and 18 of the Sustainable Planning Regulation 2009 .

5.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS

The State Development Assessment Provisions (SDAP) set out the matters of interest to the state for
development assessment, where SARA is responsible for assessing or deciding development applications as
assessment manager or as a referral agency. The SDAP is not applied by local government in the
assessment of development applications.

Referral is triggered by the application and the SDAP are applicable. Table B.3 of the SDAP identifies that
the following state codes are relevant:

        10.1 Tidal works, or development in the coastal management district state code.

An assessment of the abovementioned code is included within Attachment 3.




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Project Urban – 15253                                                                         February 2016




6.0 NOOSA PLAN 2006
Under the provisions of the Noosa Plan 2006 the subject site is included within the open space recreation
zone of the Tewantin and Doonan Locality. An assessment of the applicable provisions of the Noosa Plan
2006 has been undertaken below.

6.1 LEVEL OF ASSESSMENT

In accordance with Table 12.11 of the Noosa Plan 2006 the proposal will be subject to Code Assessment.

6.2 OVERLAYS

The following overlays exist upon the site:

 Overlay                                                Comment
 Biodiversity
                                                        The site is mapped as being partly within a
                                                        riparian buffer area and watercourses/drainage
                                                        line by the biodiversity overlay. In accordance
                                                        with Table 13.1 of the planning scheme the
                                                        proposal is not assessable against the
                                                        Biodiversity Overlay Code.




 Natural Hazards
                                                        The site is mapped as being partly within a flood
                                                        hazard area and an area subject to min floor
                                                        height by the Natural Hazards Overlays. In
                                                        accordance with Table 13.7 of the planning
                                                        scheme the proposal is not assessable against
                                                        the Natural Hazards Overlay Code.




                                                        The site is mapped as being partly within a high
                                                        potential acid sulfate area by the Natural
                                                        Hazards Overlays. In accordance with Table 13.7
                                                        of the planning scheme the proposal is not
                                                        assessable against the Natural Hazards Overlay
                                                        Code.




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Project Urban – 15253                                                                             February 2016




6.3 TEWANTIN & DOONAN LOCALITY

In accordance with the Noosa Plan 2006 the site is included within the Tewantin & Doonan Locality.

In accordance with Table 12.11 of the planning scheme the proposed development is not assessable
against the Tewantin and Doonan Locality Code.

6.4 OPEN SPACE AND RECREATION ZONE

The site is included within the open space recreation zone.

In accordance with Table 12.11 of the planning scheme the proposed development is not assessable
against the Specific Outcomes and Probable Solutions for the Open Space Recreation Zone contained in the
Tewantin and Doonan Locality Code.

The proposed works will provide improved facilities for existing onsite marina uses which will contribute to
the variety of passive and active recreational experiences on offer in the locality, promoting community
interaction, wellbeing and a desirable lifestyle for local residents in accordance with the intent of the open
space and recreation zone.

6.5 DEVELOPMENT CODES

In accordance with the applicable table of development assessment the proposed development is
assessable against the Watercourses Works Code contained in the Noosa Plan 2006. An assessment of this
code has been included within Attachment 1.

The proposed development is also assessable against the Prescribed Tidal Works Code contained in
Schedule 4A of the Coastal Protection and Management Regulation 2003. An assessment of this code has
been included within Attachment 2.

Comment: Attachments 1 and 2 demonstrate that the proposed development complies with all relevant
probable solutions and specific outcomes of the abovementioned codes.




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Project Urban – 15253                                                                         February 2016




7.0 CONCLUSION
This Development Assessment Report has been prepared on behalf of Quadrant Holdings Pty Ltd to
support a Development Application for Operational Work for Prescribed Tidal Works (Deck) in respect of
land at 2 Parkyn Court Tewantin, legally described as Lot 388 MCH839039, Lot 400 MCH839039 & Lot 178
MCH5169.

Under the Noosa Plan 2006 the site is included within the open space recreation zone of the Tewantin and
Doonan locality.

This report has demonstrated that the establishment of the proposed development on the subject site is
warranted. The assessment of the proposed development against the relevant sections of the Noosa Plan
2006 and the relevant State level requirements indicates that the use demonstrates general compliance
with all relevant provisions.

Grounds for approval are included as follows:

   The proposed works are consistent with existing use rights and will provide improved facilities for
    existing onsite marina uses which will contribute to the variety of passive and active recreational
    experiences on offer in the locality, promoting community interaction, wellbeing and a desirable
    lifestyle for local residents in accordance with the intent of the open space and recreation zone.

   The proposed works are wholly contained within the existing use/lease area and are consistent with
    existing use rights and provisions of the state government lease and previous Council approvals.

   The proposed development has demonstrated compliance with the applicable sections of the SPP.

   The proposed development has demonstrated compliance with the application sections of the SDAP.

   The attached Planning Scheme Code Assessment has demonstrated that the proposed development
    complies with all relevant probable solutions and specific outcomes of the Watercourse Works Code
    contained in the Noosa Plan 2006.

   The attached Prescribed Tidal Work Code Assessment has determined that the proposed development
    complies with all relevant probable solutions and specific outcomes of the Prescribed Tidal Works Code
    contained in the Coastal Protection and Management Regulation 2003.

   The site area to accommodate the proposed works is unconstrained by planning scheme overlays.

Based on the above, it is considered that the proposed development warrants approval from Council
subject to the imposition of reasonable and relevant conditions.




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         ATTACHMENT 1
Planning Scheme Code Assessment


[OCR of page images]
ATTACHMENT 1

 

Planning Scheme Code Assessment

Page 17

WATERCOURSES WORKS CODE

Table 14-64 Prescribed Tidal Works (waters outside Noosa Waters canal)

Specific Outcomes                            Probable Solutions                          Proposal
14.170 Siting
O1 The construction of new jetties,          No solution provided.                       Not applicable – The proposal is for
wharves and boardwalks on freehold                                                       the addition of a deck to the existing
land in largely undeveloped sections of a                                                Noosa Marina.
watercourse is avoided.
O2 The construction of new jetties and       No solution provided.                       Not applicable - The new deck is to be
wharves on public lands is avoided                                                       constructed within a privately owned
unless there is a clear demonstrated                                                     lease area.
public benefit and public support.
O3 Prescribed tidal works are not            No solution provided.                       Complies - The proposed deck is
located on the southern bank of the                                                      located outside the area identified on
Noosa River and tributaries between the      Figure 14-28–Noosa Heads Lions              Figure 14-28
Noosa Heads Lions Park and Weyba             Park to Weyba Bridge
Bridge (Refer Figure 14-28).




O4 Prescribed tidal work does not            No solution provided.                       Not applicable - The proposed works
include      extensions     of     on-site                                               are to provide improved facilities for
recreational areas unless there is a clear                                               Noosa Marina and are wholly contained
demonstrated public benefit and public                                                   within the existing lease area.
support.
14.171 Character and Amenity
O5 Prescribed tidal works are designed       S5.1 For lots with frontages greater        Not applicable – Probable solution
and sited to ensure—                         than 15m or greater in width, jetties and   S5.1 is not applicable as the proposed
a) they are contained within the             pontoons are setback a minimum of 3m        deck is wholly contained within the
prolongation of boundaries of the lot;       from the prolongation of the boundaries,    Noosa Marina lease area.
b) that when a vessel is berthed it does     except as allowed for in S5.2 and S5.3;
not encroach over the prolongation of        (Refer Figure 14-29)                        While the deck is not a jetty or pontoon
boundaries of the lot;                                                                   used for the mooring of vessels, it will
c) a high level of visual amenity is         Figure 14-29                                similar to a jetty being a fixed structure
maintained when viewed from the                                                          within and above the water body. The
watercourse and adjoining lands;                                                         proposal complies with O5 being located
d) they avoid conflicts with uses in the                                                 within the lease area; maintaining a high
water and on the foreshore and                                                           level of visual amenity when viewed
adjoining lands;                                                                         form the watercourse and improvement
e) cluttering of watercourses is avoided;                                                over the current visual amenity of the
f) excessive traffic volumes within                                                      pontoon; avoids conflicts with uses in
foreshore areas and adjoining lands are                                                  the water; avoids cluttering of the
avoided;                                                                                 watercourse; does not generate any
g) materials blend with the natural                                                      additional traffic; and blends with the
surrounds; and                                                                           existing character of Noosa Marina.
h) they reflect the character and setting    OR                                          Not applicable – the lot has a frontage
of the immediate surrounds or the            S5.2 For lots less than 15m in width        of greater than 15m in width.
locality.                                    (including lots located in canal bends or
                                             on lots located in the head of the
                                             canal)—
                                             a) a joint application is made with the
                                             adjoining owner; or
                                             b) where a joint application is not
                                             possible, jetties and pontoons—
                                             i) are setback a minimum of 1m from
                                             the prolongation of the boundaries;
                                             ii) are not more than 1.2m in width; and

Page 18

Specific Outcomes                         Probable Solutions                            Proposal
                                          iii) have no head and are located such
                                          that when a vessel is berthed, it does
                                          not encroach over the prolongation of a
                                          boundary (Refer Figure 14-30);

                                          Figure 14-30




                                          AND                                           Not applicable – the proposal is not
                                          S5.3 For lots that adjoin those described     for a jetty or pontoon.
                                          in S5.2, a jetty or pontoon is located
                                          well away from the common boundary.
O6 Jetties and wharves are not roofed     S6.1 Roof shelter structures associated       Not applicable – The proposal is for
unless they are the main access to land   with jetties on Noosa North Shore are—        an unroofed deck.
on Noosa North Shore.                     a) constructed for the purpose of
                                          covering boats in circumstances where
                                          all weather motor vehicle access is not
                                          available to the property;
                                          b) not constructed where the property
                                          can be readily accessed by motor
                                          vehicle;
                                          c)     built   of    lightweight     timber
                                          construction;
                                          d) preferably designed as a cantilevered
                                          structure off a jetty, rather than on
                                          separate foundations to minimise impact
                                          on fish habitat areas;
                                          e) constructed with a general head
                                          clearance of 2.4m between the jetty
                                          surface and the underside of the roof
                                          structure;
                                          f) designed not to exceed 3m in height
                                          above the jetty surface level;
                                          g) designed such that the roof area does
                                          not exceed dimensions of 6m by 3m;
                                          h) positioned with the length of the
                                          structure generally perpendicular to the
                                          riverbank;
                                          i) have open walls, rather than solid
                                          walls, and may include materials such as
                                          lattice, timber battening or similar; and
                                          j) have a external colour scheme that
                                          blends with the vegetation and natural
                                          surrounds.
O7 Boat lifting devices (including boat   S7.1 No solution provided                     Not applicable – no boat lifting
storage devices) are only located on                                                    devices are proposed.
Noosa North Shore.
O8 Large jetties, pontoons and wharves S8.1 No solution provided                        Not applicable – The proposal is not
that are capable of serving other uses,                                                 for a jetty, pontoon or wharf.
such as for private recreational
purposes, are not permitted.
14.172 Design, Construction and Safety – Jetties, Wharves and Pontoons
O9 Prescribed tidal works are designed S9.1 The maximum width of a jetty,               Not applicable – The proposed deck is
and constructed for the sole purpose of jetty head or associated walkway is             wholly contained within the Noosa
providing access to vessels and are sited 1.5m, except for at Noosa North Shore;        Marina lease area.
and designed to avoid—
a) cluttering of watercourses;            AND                                           Not applicable – The proposed deck is
b) excessive traffic volumes within S9.2 For jetties on the Noosa North                 wholly contained within the Noosa
foreshore areas and adjoining lands; Shore, the maximum width of the jetty              Marina lease area.
and                                       head is 2m;
c) conflicts with uses on the foreshore AND                                             Not applicable – The proposed deck is
and adjoining lands;                      S9.3 The maximum length of a jetty            wholly contained within the Noosa

Page 19

Specific Outcomes                       Probable Solutions                      Proposal
d) unacceptable risks to personal and   head is not more than 7m;               Marina lease area.
public safety.
                                        AND                                     Not applicable – The proposed deck is
                                        S9.4 A pontoon head has a maximum       wholly contained within the Noosa
                                        width of 3m and a maximum length of     Marina lease area.
                                        5m; (Refer Figure 14-31)

                                        Figure 14-31




                                        S9.5 For “Y” and “T” shaped jetty       Not applicable – The proposed deck is
                                        heads—                                  wholly contained within the Noosa
                                        a) a maximum area 10.5m2 excluding      Marina lease area.
                                        any walkway is provided; and
                                        b) a walkway with a minimum length of
                                        3m is provided (Refer Figure 14-32);

                                        Figure 14-32




                                     S9.6 Gangways and walkways serving         Not applicable – The proposed deck is
                                     jetties and pontoons have at least one     wholly contained within the Noosa
                                     rigid handrail fitted and meet the         Marina lease area.
                                     following—
                                     a) For detached houses – a minimum
                                     width of 750mm and a maximum width
                                     of 1.5m;
                                     b) For other residential uses –
                                     i. the gangway for single berth pontoons
                                     has a minimum width of 900mm;
                                     ii. the gangway for multiple berth
                                     pontoons has a minimum width of 1.2m
                                     if fitted with one handrail and 900mm if
                                     fitted with a handrail on each side;
                                     iii. the primary walkway to multiple
                                     berth pontoons has a maximum width of
                                     1.5m; and
                                     iv. The maximum width of the gangway
                                     is 1.5m;
                                     AND                                        Not applicable – The proposed deck is
                                     S9.7 In Noosa Sound, where quaylines       wholly contained within the Noosa
                                     are set, a jetty or pontoon does not       Marina lease area.
                                     extend into the watercourses beyond
                                     the quayline32;
                                    OR                                          Not applicable – The proposed deck is
                                    S9.8 Where no quaylines are set, the        wholly contained within the Noosa
                                    maximum distance a jetty or pontoon         Marina lease area.
                                    extends into the watercourse is 10m,
                                    unless it can be demonstrated that a
                                    distance in excess of 10m is essential to
                                    safely access the jetty.
14.173 Design, Construction and Safety – Boat Ramps
O10 Boat ramps are designed and S10.1 Where there is an existing                Not applicable – the proposal is not
constructed to—                      revetment wall—                            for a boat ramp.
a) allow access by a wheeled boat a) the levels of a boat ramp surface at

Page 20

     Specific Outcomes                           Probable Solutions                       Proposal
     trailer;                                    the revetment wall is no more than
     b) ensure that unacceptable risks to        150mm above the top of the wall, not
     personal and public safety are unlikely     more than 500mm below the top of the
     to be caused;                               wall and not more than 200mm above
     c) avoid cluttering of the watercourse;     the existing beach; and
     d) avoid excessive traffic volumes within   b) The ramp extends into the
     foreshore areas and adjoining lands;        watercourse no more than 9m from a
     and                                         revetment wall;
     e) ensure that visual amenity of the
     foreshore is maintained.
                                                 AND                                      Not applicable – the proposal is not
                                                 S10.2 The ramp is constructed at a       for a boat ramp.
                                                 uniform grade and no steeper than 1 in
                                                 5 (20%);
1.                                               AND                                      Not applicable – the proposal is not
                                                 S10.3 The outer end of the ramp is no    for a boat ramp.
                                                 more than 100mm above the level of
                                                 the beach;
                                                 AND                                      Not applicable – the proposal is not
                                                 S10.4 No part of the ramp is to extend   for a boat ramp.
                                                 closer than 1m to the prolongation of
                                                 the boundaries. (Refer Figure 14-33)

                                                 Figure 14-33

Page 21

              ATTACHMENT 2
Prescribed Tidal Work Code Assessment


[OCR of page images]
ATTACHMENT 2

 

Prescribed Tidal Work Code Assessment

Page 22

PRESCRIBED TIDAL WORKS CODE
Column 1                                   Column 2                                  Column 3
Specific outcome                           A probable solution                       Proposal
Character and amenity (generally)—prescribed tidal work in a canal
Not Applicable – no works proposed in a canal.
Character and amenity (generally)—prescribed tidal work not in a canal
2.1 Prescribed tidal work not in a canal The design and construction of the Complies – the prescribed tidal works
and for a private purpose is compatible prescribed tidal work is consistent with are consistent with the existing use
with its location, having regard to the the following standards—                      rights for a Marina facility established
following—                                  (a)  subject to paragraph (e), under lease from the state Government
                                                 prescribed tidal work does not and previously recognised by Council.
a) the character and amenity of the              extend past the side boundary No tidal works are proposed outside of
work’s immediate surroundings and the            or extended side boundary of the lease area.
locality within which the work is located;       the lot connected to the work;
                                                                                      The proposed work is for a new
b) if the relevant planning scheme          (b) subject to paragraph (e), unroofed deck associated with the
states the desired character or amenity          prescribed tidal work is the only existing marina development. See
for the work’s immediate surroundings            work of its type along the edge proposal plans attached.
or the locality within which the work is         of the tidal water fronting the lot
located—the stated desired character or          connected to the work;               The proposed works will not impact on
amenity.                                                                              the existing character and amenity of
                                            (c)  subject to paragraph (e), the site, and are considered to be in
                                                 prescribed tidal work that is a accordance with existing use rights and
                                                 boardwalk or independent deck terms of the lease.
                                                 is not roofed;
                                                                                      The proposed tidal work achieves
                                            (d) subject to paragraph (e), general compliance with the relevant
                                                 prescribed tidal work other than sections of the Noosa Plan 2006.
                                                 a boardwalk or deck is not
                                                 roofed unless it is the main
                                                 access to land;

                                              (e)   if a relevant planning scheme
                                                    standard is more stringent than
                                                    the standard mentioned in
                                                    paragraph (a), (b), (c) or (d)—
                                                    the relevant planning scheme
                                                    standard, to the extent it is
                                                    more     stringent    than      the
                                                    standard       mentioned          in
                                                    paragraph (a), (b), (c) or (d);

                                              (f)     any other relevant     planning
                                                      scheme standard that is not
                                                      inconsistent with the standards
                                                      mentioned in paragraphs (a) to
                                                      (e).
2.2 Prescribed tidal work not in a canal     The design and construction of the            Not Applicable – the prescribed tidal
and for a non-private purpose is             prescribed tidal work is consistent with      works are for a private purpose
compatible with its location, having         the following standards—                      associated with Noosa Marina.
regard to the following—
                                              (a)   subject to paragraph (c),
a) the character and amenity of the                 prescribed tidal work used for a
work’s immediate surroundings and the               commercial purpose does not
locality within which the work is located;          extend past the side boundary
                                                    or extended side boundary of
b) if the relevant planning scheme                  the lot connected to the work;
states the desired character or amenity
for the work’s immediate surroundings         (b)   subject to paragraph (c),
or the locality within which the work is            prescribed tidal work used for a
located—the stated desired character or             commercial purpose is not
amenity.                                            roofed unless it is the main
                                                    access to land;

                                              (c)   if a relevant planning scheme
                                                    standard is more stringent than
                                                    the standard mentioned in
                                                    paragraph (a) or (b)—the
                                                    relevant    planning    scheme
                                                    standard, to the extent the

Page 23

                                                     standard is more stringent than
                                                     the standard mentioned in
                                                     paragraph (a) or (b);

                                              (d)any other relevant planning
                                                 scheme standard that is not
                                                 inconsistent with the standards
                                                 mentioned in paragraphs (a) to
                                                 (c).
Character and amenity (height, scale and size)
3.1 Prescribed tidal work is of a height, The height, scale and size of the               Complies – the height, scale, and size
scale and size to ensure the work is prescribed tidal work is consistent with             of the prescribed tidal work is consistent
compatible with the character and each            relevant    planning   scheme           with the existing site development and
amenity of its location, having regard to standard.                                       use rights.
the following—
                                                                                          The proposed works will not impact on
a) the height, scale and size of the                                                      the existing character and amenity of
natural features of the work’s immediate                                                  the site or locality.
surroundings and the locality within
which the work is located;                                                                The proposed tidal work achieves
                                                                                          compliance with the relevant sections of
b) the height, scale and size of the                                                      the Noosa Plan 2006.
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.
Character and amenity (materials and colours)
4.1 The materials used for, and the The materials used for, and colours of,               Complies - the materials and colours
colours of, prescribed tidal work are the prescribed tidal work are consistent            used in the prescribed tidal work will be
compatible with the character and with each relevant planning scheme                      consistent with the existing site
amenity of the work’s location, having standard.                                          development and use rights.
regard to the following—
                                                                                          The proposed works will not impact on
a) the natural features of the work’s                                                     the existing character and amenity of
immediate        surroundings and the                                                     the site or locality.
locality within which the work is located;
                                                                                          The proposed tidal work achieves
b) the existing buildings or other                                                        compliance with the relevant sections of
structures in the work’s immediate                                                        the Noosa Plan 2006.
surroundings and the locality within
which the work is located;

c) if the relevant planning scheme
states the desired materials to be used
for, or desired colours of, buildings or
other structures in the work’s immediate
surroundings or the locality within which
the work is located —the stated desired
materials or colours.
Lighting
5.1 Lighting, other than an aid to           The lighting for the prescribed tidal        Complies – any lighting associated with
navigation, for prescribed tidal work is     work, other than an aid to navigation, is    the deck will be consistent with the
installed in a way to ensure the security    consistent with the following standards—     existing site development and use rights.
and safe use of the work without                                                          All lighting will be designed, installed
causing significant adverse effects on        (a)    subject to paragraph (c), lighting   and operated in accordance with current
the amenity of the locality within which             for prescribed tidal work is         best practice.     No significant adverse
the work is located.                                 hooded        and        directed    effects on the amenity of the locality will
                                                     downwards;                           result.

                                              (b)    subject to paragraph (c), each
                                                     lighting standard, to the extent
                                                     relevant;

Page 24

                                              (c)   if a relevant planning scheme
                                                    standard is more stringent than
                                                    the standard mentioned in
                                                    paragraph (a) or (b)—the
                                                    relevant    planning    scheme
                                                    standard, to the extent the
                                                    standard is more stringent than
                                                    the standard mentioned in
                                                    paragraph (a) or (b);

                                              (d)   any other relevant planning
                                                    scheme standard that is not
                                                    inconsistent with the standards
                                                    mentioned in paragraphs (a) to
                                                    (c).
Signage
Not Applicable – No new signage is proposed within tidal works.
Earthwork and vegetation
7.1 Excavation and filling for prescribed The earthwork and filling for the              Not Applicable – No excavation or
tidal work—                               prescribed tidal work is consistent with       filling is proposed as part of the works.
                                          each     relevant     planning   scheme
a) is carried out only to the extent standard.
reasonably necessary for the work; and

b) does not have a significant
adverse effect on—

 i) the natural features of the tidal
 water under, within or over which the
 work is located; or

  ii) the level of the surface of the land
  under the tidal water under, within or
  over which the work is located, or any
  foreshores near the work.
7.2 The location of prescribed tidal work    The vegetation in the tidal water, under    Complies – No vegetation will be
ensures vegetation is cleared or             within or over which the prescribed tidal   affected by the prescribed tidal works.
disturbed only to the extent reasonably      work is located, or on land under the
necessary for the work.                      tidal water, is cleared or disturbed in a
                                             way consistent with each relevant
                                             planning scheme standard.
7.3 Any vegetation damaged, destroyed        Vegetation affected by the prescribed       Complies – No Vegetation will be
or removed by prescribed tidal work          tidal work is dealt with in a way           affected by the prescribed tidal works.
under, within or over tidal water other      consistent with the following standards—
than an artificial waterway, is replaced
with appropriate vegetation.                  (a)   subject to paragraph (b),
                                                    vegetation damaged, destroyed
                                                    or removed by prescribed tidal
                                                    work is replaced with native
                                                    vegetation for the locality within
                                                    which the work is located, to the
                                                    extent     it   is    reasonably
                                                    practicable to replace the
                                                    vegetation       with       native
                                                    vegetation;

                                              (b)   if a relevant planning scheme
                                                    standard is more stringent than
                                                    the standard mentioned in
                                                    paragraph

                                              (c)   —the relevant planning scheme
                                                    standard, to the extent it is
                                                    more     stringent   than  the
                                                    standard       mentioned     in
                                                    paragraph (a);

                                              (d)   any other relevant planning
                                                    scheme standard that is not
                                                    inconsistent with the standards
                                                    mentioned in paragraphs (a) and
                                                    (b).

Page 25

Public access—availability
8.1 Prescribed tidal work does not have    The design and construction of the         Complies – The proposed deck is
a significant adverse effect on the        prescribed tidal work is consistent with   wholly contained within the Noosa
availability  of    public  access   to    the following standards—                   Marina lease area and does not restrict
foreshores, including public access                                                   existing public access to the Noosa River
proposed in the relevant planning           (a)   subject to paragraph (b),           foreshore.
scheme.                                           prescribed tidal work does not
                                                  involve    the    erection     or
                                                  placement of any physical
                                                  barrier   preventing     existing
                                                  access,     along    a     public
                                                  accessway, to the foreshores
                                                  near the work;

                                            (b)   if a relevant planning scheme
                                                  standard is more stringent than
                                                  the standard mentioned in
                                                  paragraph

                                            (c)   —the relevant planning scheme
                                                  standard, to the extent it is
                                                  more     stringent   than  the
                                                  standard       mentioned     in
                                                  paragraph (a);

                                            (d)   any other relevant planning
                                                  scheme standard that is not
                                                  inconsistent with the standards
                                                  mentioned in paragraphs (a) and
                                                  (b).
Public access—safety
9.1 The location and design of Public access to foreshores near the                   Complies – The proposed deck is
prescribed tidal work does not adversely prescribed tidal work is consistent with     wholly contained within the Noosa
affect the safety of members of the each          relevant    planning    scheme      Marina lease area and does not impact
public accessing the foreshores.         standard.                                    any public access to the foreshore.
Navigable access to, or egress from, non-tidal work lots
10.1 Prescribed tidal work does not The design and construction of the                Complies – the prescribed tidal work is
adversely affect navigable access to, or prescribed tidal work is consistent with     wholey contained within the Noosa
navigable egress from, any non-tidal the following standards—                         Marina lease area and will not adversely
work lot.                                                                             affect navigable access to, or navigable
                                           (a)   subject to paragraph (b), if the     egress from, any non-tidal work lot.
                                                 lot connected to prescribed tidal
                                                 work (the connected lot)
                                                 adjoins a non-tidal work lot, the
                                                 work does not extend past the
                                                 connected lot’s side boundary,
                                                 or extended side boundary,
                                                 adjoining the non-tidal work lot;

                                            (b)  if a relevant planning scheme
                                                 standard is more stringent than
                                                 the standard mentioned in
                                                 paragraph (a) the relevant
                                                 planning scheme standard, to
                                                 the extent it is more stringent
                                                 than the standard mentioned in
                                                 paragraph (a).
Infrastructure, including, access, parking, sewerage and water services
11.1 Prescribed tidal work has The infrastructure for prescribed tidal                Complies – the subject site is currently
appropriate infrastructure, including, in work is consistent with each relevant       connected        to    all    appropriate
particular,    road   access,    parking planning scheme standard.                    infrastructure, including, road access,
facilities, sewerage services and water                                               parking facilities, sewerage services and
services, having regard to—                                                           water services. The proposed works do
                                                                                      not require any further infrastructure
a) the nature and scale of the work; and                                              connections or upgrades.

b) the number of people that may be on
or at the work at any time; and

c) the number of vehicles that may be
on or moored at the work at any time;

Page 26

and

d) the protection of any foreshores near
the work and the vegetation and marine
plants on the foreshores.
Design, construction and safety—all prescribed tidal work
12.1 Prescribed tidal work is designed The design and construction of the                Complies – the prescribed tidal works
and constructed in a way to ensure it is prescribed tidal work is consistent with        have been designed with regard to all
structurally sound, having regard to the the following standards—                        appropriate Australian Standards. Please
following—                                                                               refer to the attached Proposal Plan
                                           (a)    subject to paragraph (b), each         prepared by International Marina
a) relevant engineering standards;                Australian Standard relevant to        Consultants.
                                                  the design or construction of
b) the location of the work;                      structures,     to    the    extent
                                                  requirements stated in the
c) the purpose for which the work is to           Standard apply to the design or
be used;                                          construction of prescribed tidal
                                                  work;
d) the impact of flooding, tidal
influences and hydrodynamic changes.       (b) if a relevant planning scheme
                                                  standard is more stringent than
                                                  any standard mentioned in
                                                  paragraph (a) —the relevant
                                                  planning scheme standard, to
                                                  the extent it is more stringent
                                                  than the standard mentioned in
                                                  paragraph (a).
12.2 Prescribed tidal work does not The design and construction of the                   Complies – The proposed tidal work
adversely affect the structural integrity prescribed tidal work is consistent with       has been designed by an REPQ so as to
of any existing revetment or seawall or the following standards—                         ensure the structural integrity of the
another existing structure.                                                              proposed works and the existing marina.
                                           (a)    subject to paragraph (b),              Please refer to the attached Proposal
                                                  prescribed tidal work, including       Plan prepared by International Marina
                                                  any shore abutment, piling or          Consultants.
                                                  other structure connected with
                                                  the work—
                                                    i)     does not place an
                                                           additional load on any
                                                           existing revetment or
                                                           seawall     or     another
                                                           existing structure; or
                                                    ii)    can     be     structurally
                                                           supported by an existing
                                                           revetment or seawall or
                                                           another            existing
                                                           structure;

                                              (b)     if a relevant planning scheme
                                                      standard is more stringent than
                                                      the standard mentioned in
                                                      paragraph (a) —the relevant
                                                      planning scheme standard, to
                                                      the extent it is more stringent
                                                      than the standard mentioned in
                                                      paragraph (a).
12.3 Prescribed tidal work is designed       The design and construction of the          Complies – the prescribed tidal works
and constructed in a way to ensure it        prescribed tidal work is consistent with    will not alter or disturb the existing flow
does not adversely affect the stability of   the following standards—                    of water, or adversely affect the stability
the bed and banks of any tidal water.                                                    of the riverbed and banks. Please refer
                                              (a)   subject to paragraph (b),            to the attached Proposal Plan prepared
                                                    prescribed tidal work does not       by International Marina Consultants.
                                                    cause, by changing the flow of
                                                    water, the removal of, or
                                                    disturbance to, the sediment on
                                                    the bed and banks of any tidal
                                                    water;

                                              (b)   if a relevant planning scheme
                                                    standard is more stringent than
                                                    the standard mentioned in
                                                    paragraph (a)—the relevant

Page 27

                                                     planning scheme standard, to
                                                     the extent it is more stringent
                                                     than the standard mentioned in
                                                     paragraph (a).
12.4 Prescribed tidal work is designed      The design and construction of the            Complies – the prescribed tidal works
and constructed using materials having      prescribed tidal work is consistent with      have been designed with regard to all
a long life in marine environments,         the following standards—                      appropriate Australian standards, and
having regard to their ability to resist                                                  current best practice. Please refer to the
the following—                               (a)    subject to paragraph (b), each        attached Proposal Plan prepared by
                                                    Australian Standard relevant to       International Marina Consultants.
a) attack by marine organisms;                      the materials that should be
                                                    used, or the measures that
b) corrosion;                                       should be taken to treat
                                                    materials used, for structures, to
c) deterioration resulting from abrasion            the extent the requirements
or immersion in seawater.                           stated in the Standard apply to
                                                    structures located in a marine
                                                    environment;

                                             (b)     if a relevant planning scheme
                                                     standard is more stringent than
                                                     the standard mentioned in
                                                     paragraph (a)—the relevant
                                                     planning scheme standard, to
                                                     the extent it is more stringent
                                                     than the standard mentioned in
                                                     paragraph (a).
12.5 Prescribed tidal work is designed      The design and construction of the            Complies – The prescribed tidal work
and constructed in a way to ensure it       prescribed tidal work is consistent with      will not adversely affect the operation or
does not adversely affect the operation     the following standards—                      maintenance of any existing stormwater
or maintenance of any existing                                                            outlet.
stormwater outlet.                           (a)    subject to paragraph (c), vessels
                                                    moored at prescribed tidal work
                                                    do not impede the discharge of
                                                    stormwater;

                                             (b)    subject to paragraph (c),
                                                    prescribed tidal work does not
                                                    restrict   access    to    any
                                                    stormwater outlet;

                                             (c)     if a relevant planning scheme
                                                     standard is more stringent than
                                                     the standard mentioned in
                                                     paragraph (a) or (b)—the
                                                     relevant     planning     scheme
                                                     standard, to the extent it is
                                                     more     stringent    than    the
                                                     standard       mentioned        in
                                                     paragraph (a) or (b).
12.6 Prescribed tidal work is designed      The design and construction of the            Complies – the prescribed tidal works
and constructed in a way to ensure it       prescribed tidal work is consistent with      have been designed with regard to all
does not adversely affect the water         the following standards—                      appropriate Australian standards. The
quality of any tidal water, including, in                                                 tidal works will be conducted in
particular, as a result of—                  (a)    subject to paragraph (b), each        accordance with current best practice
                                                    Australian Standard relevant to       and will not result in the release of
a) release, into the tidal water, of                the design or construction of         contaminants in the river.
materials used in the construction of the           structures under, within or over
work; or                                            tidal water, to the extent the
                                                    requirements stated in the
b) disturbance to the sediment on the               Standard     are   directed   at
bed and banks of the tidal water; or                maintaining the water quality of
                                                    tidal water;
c) exposure to acid sulphate soils.
                                             (b)    if a relevant planning scheme
                                                    standard is more stringent than
                                                    the standard mentioned in
                                                    paragraph (a)—the relevant
                                                    planning scheme standard, to
                                                    the extent it is more stringent
                                                    than the standard mentioned in
                                                    paragraph (a).

Page 28

12.7 Prescribed tidal work is designed      The design and construction of the            Complies – the proposed works will be
and constructed in a way to ensure it is    prescribed tidal work is consistent with      constructed in accordance with current
safe for persons standing or walking on     the following standards—                      best practice, and will not be slippery or
the work.                                                                                 have any feature that may cause a
                                             (a)    subject to paragraph (c), any         person to trip or fall. Access to work
                                                    surface of prescribed tidal work      areas will be restricted by means of
                                                    on which a person may stand or        physical barriers and signage where
                                                    walk is—                              appropriate.

                                                      i)    not slippery; and

                                                      ii)   does not have any
                                                            feature that may cause
                                                            the person to trip or fall;

                                             (b)    subject to paragraph (c), any
                                                    part of prescribed tidal work that
                                                    is unsafe for persons standing or
                                                    walking on the work is
                                                    surrounded by adequate barriers
                                                    to deter persons from entering
                                                    the part;

                                             (c)     if a relevant planning scheme
                                                     standard is more stringent than
                                                     the standard mentioned in
                                                     paragraph (a) or (b)—the
                                                     relevant     planning     scheme
                                                     standard, to the extent it is
                                                     more     stringent    than    the
                                                     standard       mentioned        in
                                                     paragraph (a) or (b).
12.8 Appropriate measures are taken         The design and construction of the            Not applicable – the works are for
for prescribed tidal work for a non-        prescribed tidal work is consistent with      private purposes.
private   purpose     to    ensure    an    the following standards—
unsupportable live load is not applied to
the work by persons or vehicles.             (a)    subject to paragraph (b),
                                                    prescribed tidal work has
                                                    erected or placed in position on
                                                    or near the work, a sign that—
                                                     i)     is visible at all times;
                                                            and

                                                      ii)   states the maximum live
                                                            load that may be applied
                                                            to the work, in terms of
                                                            the maximum number of
                                                            persons that may be on
                                                            the work at any given
                                                            time or the maximum
                                                            number of vehicles of a
                                                            particular type that may
                                                            be on or moored at the
                                                            work at any given time;

                                             (b)    if a relevant planning scheme
                                                    standard is more stringent than
                                                    the standard mentioned in
                                                    paragraph (a)—the relevant
                                                    planning scheme standard, to
                                                    the extent it is more stringent
                                                    than the standard mentioned in
                                                    paragraph (a).
12.9 Prescribed tidal work, other than a    The design and construction of the            Not Applicable - Works not in a canal
boardwalk or an independent deck for a      prescribed tidal work is consistent with
private purpose, is designed and            each     relevant   planning     scheme
constructed in a way that ensures the       standard.
use of tidal water in a canal for a non-
maritime purpose is minimised.
12.10 Prescribed tidal work that is a       (s 6(2) solution) The design and              Not Applicable - Works not in a canal
boardwalk or an independent deck and        construction of the boardwalk or deck is
for a private purpose, is designed and      consistent with the following standards—

Page 29

constructed in a way that ensures the
use of tidal water in a canal for a non-    (a)   subject to paragraph (c), a
maritime purpose is minimised.                    boardwalk or independent deck
                                                  does not extend more than 3m
                                                  from the waterfront boundary of
                                                  the lot connected to the
                                                  boardwalk or deck;

                                            (b)   subject to paragraph (c), a
                                                  boardwalk or independent deck
                                                  is at least 3m inside of the side
                                                  boundary for extended side
                                                  boundary of the lot connected to
                                                  the boardwalk or deck;

                                            (c)    if a relevant planning scheme
                                                   standard is more stringent than
                                                   the standard mentioned in
                                                   paragraph (a) or (b)—the
                                                   relevant     planning     scheme
                                                   standard, to the extent it is
                                                   more     stringent    than     the
                                                   standard       mentioned         in
                                                   paragraph (a) or (b).
Design, construction and safety—boat ramps and slip ways for private purpose
Not Applicable - works not for a boat ramp or slip way
Design, construction and safety—bridges
Not Applicable - works not for a bridge
Design, construction and safety—boardwalks and independent decks
15.1 Prescribed tidal work that is a (s 6(2) solution) The design and Complies – The proposed deck will not
boardwalk or an independent deck and construction of the boardwalk or deck is be accessible for vehicular traffic and is
for a private purpose is designed and consistent with the following standards— for a group use. The proposed deck has
constructed in a way to ensure it is able                                              been designed to support a uniformly
to support its intended loads, having       (a)    subject to paragraph (d), a distributed live load of 5KPa and a
regard to its relevant loading matters.            boardwalk or independent deck concentrated live load of 4.5KPa.
                                                   accessible to vehicular traffic is
                                                   able to support at least a live
                                                   load of 3.0kPa plus an axle load
                                                   of 10kN;

                                            (b)   subject to paragraph (d), a
                                                  boardwalk or independent deck
                                                  that is not accessible to
                                                  vehicular traffic and that is for
                                                  individual use is able to support
                                                  at least a live load of 2.0kPa;

                                            (c)   subject to paragraph (d), a
                                                  boardwalk or independent deck
                                                  that is not accessible to
                                                  vehicular traffic and that is for
                                                  group use is able to support at
                                                  least a live load of 3.0kPa;

                                            (d)    if a relevant planning scheme
                                                   standard is more stringent than
                                                   the standard mentioned in
                                                   paragraph (a), (b) or (c)—the
                                                   relevant     planning     scheme
                                                   standard, to the extent it is
                                                   more tringent than the standard
                                                   mentioned in paragraph (a), (b)
                                                   or (c).
15.2 Prescribed tidal work that is a       (s 6(2) solution) The design or             Not Applicable – the proposed deck is
boardwalk or an independent deck and       construction of the boardwalk or deck is    for a private purpose associated with
for a non-private purpose is designed      consistent with the following standards—    Noosa Marina.
and constructed in a way to ensure it is
able to support its intended loads,         (a)   subject to paragraph (c), a
having regard to its relevant loading             boardwalk or independent deck
matters.                                          accessible to vehicular traffic is
                                                  able to support at least the

Page 30

                                                    following—
                                                      i)    a distributed live load of
                                                            5.0kPa;

                                                     ii)    a concentrated live load
                                                            of 4.5kN;

                                                     iii)   the load of the largest
                                                            vehicle capable of being
                                                            on the boardwalk or
                                                            deck;

                                             (b)    subject to paragraph (c), a
                                                    boardwalk or independent deck
                                                    not accessible to vehicular traffic
                                                    is able to support at least the
                                                    following—
                                                      i)    a distributed live load of
                                                            5.0kPa;

                                                     ii)    a concentrated live load
                                                            of 4.5kN;

                                             (c)    if a relevant planning scheme
                                                    standard is more stringent than
                                                    the standard mentioned in
                                                    paragraph (a) or (b)—the
                                                    relevant     planning     scheme
                                                    standard, to the extent it is
                                                    more     stringent    than    the
                                                    standard       mentioned        in
                                                    paragraph (a) or (b).
15.3 Prescribed tidal work that is a        The design and construction of the            Complies – The proposed deck does
boardwalk or an independent deck does       boardwalk or deck is consistent with the      not unreasonably restrict remedial works
not prevent or hinder remedial work         following standards—                          to the banks of the Noosa River.
being undertaken on any bank of tidal
water or for any existing retaining wall,    (a)    subject to paragraph (b), a
revetment or seawall or another existing            boardwalk or independent deck
structure.                                          either—
                                                      i)    can be easily dismantled
                                                            and reassembled; or

                                                     ii)    does not restrict the
                                                            movement of machinery
                                                            ordinarily    used    for
                                                            remedial work to any
                                                            bank of tidal water or
                                                            any existing retaining
                                                            wall,     revetment    or
                                                            seawall or other existing
                                                            structure;

                                             (b)     if a relevant planning scheme
                                                     standard is more stringent than
                                                     the standard mentioned in
                                                     paragraph (a)—the relevant
                                                     planning scheme standard, to
                                                     the extent it is more stringent
                                                     than the standard mentioned in
                                                     paragraph (a).
Design, construction and safety—jetties and piers
Not Applicable - works not for a jetty or pier
Design, construction and safety—pipelines and other underground services
Not Applicable - works not for a pipeline or other underground service
Design, construction and safety—pontoons
Not Applicable - works not for a Pontoon
Design, construction and safety—retaining walls, revetments and seawalls
Not applicable – works not for retaining walls, revetments or seawalls
Design, construction and safety—wharves
Not applicable – works not for a wharf

Page 31

ATTACHMENT 3
SDAP Code Assessment


[OCR of page images]
ATTACHMENT 3

 

SDAP Code Assessment

Page 32

10.1 TIDAL WORKS, OR DEVELOPMENT IN THE COASTAL MANAGEMENT
DISTRICT STATE CODE
                                                         Response column key:
                                                              Achieved     P/S         Performance solution    N/A Not applicable
Table 10.1.1: All development
Performance outcomes                   Acceptable outcomes                      Response     Comment
PO1 Development in a coastal           AO1.1 Development is located                         The proposed deck will form part of the
hazard area is compatible with the     outside a high coastal hazard area                    existing Noosa Marina. The proposed
level of severity of the coastal       unless it is:                                         works are wholly contained within the
hazard.                                (1) coastal-dependent                                 existing use/lease area and are consistent
                                            development, or                                  with existing use rights and provisions of
                                       (2) compatible with inundation due                    the state government lease for the
                                            to its nature or function, or                    Marina. Marina development is defined as
                                       (3) temporary, readily relocatable,                   coastal dependent development by the
                                            or able to be abandoned, or                      SDAP.
                                       (4) essential community service
                                            infrastructure, or
                                       (5) small- to medium-scale tourist
                                            development, or
                                       (6) redevelopment within an
                                            existing built-up urban area, or
                                            is redevelopment of built
                                            structures that cannot be
                                            relocated or abandoned.
                                       AND

                                       AO1.2 Development referred to in         N/A          The deck is part of Noosa Marina and
                                       AO1.1(6) avoids being located within                  which is defined as coastal dependent
                                       a high coastal hazard area, or where                  development.
                                       this is not practicable, minimises the
                                       exposure of people and permanent
                                       structures to coastal hazard impacts.
PO2 Development siting, layout and     AO2.1 Development within a coastal                   The deck is proposed to be established at
access in a coastal hazard area        hazard area is located, designed,                     2.2m AHD which is 1.65m above the
responds to potential inundation       constructed and operated to                           Highest Astronomical Tide (H.A.T). The
due to a defined storm tide event      maintain or enhance the                               establishment of the deck at this level will
and minimises associated risks to      community’s resilience to a defined                   ensure the proposed works will achieve
personal safety and property.          storm tide event by limiting the                      adequate immunity from storm tide
                                       exposure of people and structures to                  inundation. The proposed deck has been
                                       associated impacts.                                   designed by an RPEQ who specializes in
                                       AND                                                   Marina type developments to ensure the
                                                                                             proposal is adequately designed to
                                                                                             reasonably withstand possible impacts
                                                                                             from Coastal Hazards.
                                       AO2.2 Development mitigates any                      The deck is proposed to be established at
                                       residual impacts from storm tide                      2.2m AHD which is 1.65m above the
                                       inundation in a coastal hazard area                   Highest Astronomical Tide (H.A.T). The
                                       including by ensuring:                                establishment of the deck at this level will
                                       (1) habitable rooms of built                          ensure the proposed works will achieve
                                            structures are located above                     adequate immunity from storm tide
                                            the defined storm tide event                     inundation. The proposed deck has been
                                            level and any additional                         designed by an RPEQ who specializes in
                                            freeboard level that would                       Marina type developments to ensure the
                                            ordinarily apply in a flood prone                proposal is adequately designed to
                                            area under a relevant planning                   reasonably withstand possible impacts
                                            scheme standard, or                              from Coastal Hazards.
                                       (2) a safe refuge is available for
                                            people within the premises
                                            during a defined storm tide
                                            event, or
                                       (3) at least one evacuation route
                                            remains passable for
                                            emergency evacuations during
                                            a defined storm tide event,
                                            including consideration of the
                                            capacity of the route to support
                                            the evacuation of the entire
                                            local population within a
State development assessment provisions                                               Module 10 — Coastal protection          10.1
Tidal works, or development in the coastal management district state code
23 November 2015 V1.7

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Page 33

Performance outcomes                  Acceptable outcomes                        Response     Comment
                                            reasonably short timeframe (for
                                            example, 12 hours).
                                      AND

                                      AO2.3 Development within a coastal                     The deck is proposed to be established at
                                      hazard area is located, designed and                    2.2m AHD which is 1.65m above the
                                      constructed to ensure exposed                           Highest Astronomical Tide (H.A.T). The
                                      structures can sustain flooding from                    establishment of the deck at this level will
                                      a defined storm tide event.                             ensure the proposed works will achieve
                                      AND                                                     adequate immunity from storm tide
                                                                                              inundation. The proposed deck has been
                                                                                              designed by an RPEQ who specializes in
                                                                                              Marina type developments to ensure the
                                                                                              proposal is adequately designed to
                                                                                              reasonably withstand possible impacts
                                                                                              from Coastal Hazards.
                                      AO2.4 Essential community service          N/A          The proposal is not          for   essential
                                      infrastructure is:                                      community services.
                                      (1) located so that it is not
                                            inundated by a recommended
                                            storm tide event specified for
                                            that infrastructure, or
                                      (2) located and designed to ensure
                                            any components of the
                                            infrastructure that are likely to
                                            fail to function or may result in
                                            contamination when inundated
                                            by a storm tide (for example,
                                            electrical switch gear and
                                            motors, water supply pipeline
                                            air valves) are:
                                            (a) located above the peak
                                                  water level for a
                                                  recommended storm tide
                                                  event, or
                                            (b) designed and
                                                  constructed to exclude
                                                  storm tide intrusions or
                                                  infiltration (including by
                                                  being located in the
                                                  ground), or
                                            (c)     able to temporarily stop
                                                  functioning during a
                                                  recommended storm tide
                                                  event without causing
                                                  significant adverse impacts
                                                  to the infrastructure or the
                                                  community.
                                      AND
                                      AO2.5 Emergency services                   N/A          The proposal does not involve any of the
                                      infrastructure and emergency                            services or facilities mentioned by AO2.5.
                                      shelters, police facilities, and
                                      hospitals and associated facilities
                                      have an emergency rescue area
                                      above the peak water level for a
                                      recommended storm tide event.
PO3 Development directly,             AO3.1 Development avoids                   N/A          The proposed deck will form part of the
indirectly and cumulatively avoids    increasing the number of premises                       existing Noosa Marina premises.
an unacceptable increase in the       from which people would need to be
severity of the coastal hazard, and   evacuated to prevent death or injury
does not significantly increase the   from a defined storm tide event.
potential for damage on the
premises or to other premises.
PO4 Development avoids the            AO4.1 Development that involves            N/A          The proposed deck will not be used to
release of hazardous materials as a   the manufacture or storage of                           manufacture   or   store    hazardous
result of a natural hazard event.     hazardous materials in bulk are                         materials.
Editor’s note: Applications should:   designed to:
                                      (1) prevent the intrusion of waters
State development assessment provisions                                                Module 10 — Coastal protection            10.1
Tidal works, or development in the coastal management district state code
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Page 34

Performance outcomes                    Acceptable outcomes                    Response     Comment
(1)   assess the risk of storm tide         from a defined storm tide event
      inundation releasing or               into structures or facilities
      otherwise exposing hazardous          containing the hazardous
      materials, including                  materials, or
      appropriate emergency             (2) ensure hazardous materials
      planning and contingency              remain secured despite
      measures.                             inundation, including secure
(2)   applications are to be                from the effects of
      supported by a report certified       hydrodynamic forcing
      by a Registered Professional          associated with wave action or
      Engineer of Queensland                flowing water.
      (RPEQ) that demonstrates this
      performance outcome will be
      achieved.
PO5 Natural processes and the           AO5.1 Development in an erosion        N/A          The subject site is not located within the
protective function of landforms and    prone area within the coastal                       coastal management district.
vegetation are maintained in coastal    management district:
hazard areas.                           (1) maintains vegetation on coastal
                                            landforms where its removal or
                                            damage may:
                                            (a) destablise the area and
                                                  increase the potential for
                                                  erosion, or
                                            (b) interrupt natural
                                                  sediment trapping
                                                  processes or dune or land
                                                  building processes
                                        (2) maintains sediment volumes of
                                            dunes and near-shore coastal
                                            landforms, or where a
                                            reduction in sediment volumes
                                            cannot be avoided, increased
                                            risks to development from
                                            coastal erosion are mitigated by
                                            location, design, construction
                                            and operating standards
                                        (3) minimises the need for erosion
                                            control structures or riverbank
                                            hardening through location,
                                            design and construction
                                            standards
                                        (4) maintains physical coastal
                                            processes outside the
                                            development footprint for the
                                            development, including
                                            longshore transport of
                                            sediment along the coast
                                        (5) reduces the risk of shoreline
                                            erosion for areas adjacent to
                                            the development footprint
                                            unless the development is an
                                            erosion control structure
                                        (6) reduces the risk of shoreline
                                            erosion for areas adjacent to
                                            the development footprint to
                                            the maximum extent feasible in
                                            the case of erosion control
                                            structures.
                                        AND

                                       AO5.2 Development in a storm tide                   The proposed development does not
                                       inundation area is located, designed,                affect any dune crest heights or
                                       constructed and operated to:                         protective natural features.
                                       (1) maintain dune crest heights, or
                                            where a reduction in crest
                                            heights cannot be avoided,
                                            mitigate risks to development
                                            from wave overtopping and
                                            storm tide inundation
                                       (2) maintain or enhance coastal
State development assessment provisions                                              Module 10 — Coastal protection         10.1
Tidal works, or development in the coastal management district state code
23 November 2015 V1.7

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Page 35

Performance outcomes                  Acceptable outcomes                       Response     Comment
                                            ecosystems and natural
                                            features, such as mangroves
                                            and coastal wetlands, between
                                            the development and tidal
                                            waters, where the coastal
                                            ecosystems and natural
                                            features protect or buffer
                                            communities and infrastructure
                                            from sea-level rise and impacts
                                            from storm tide inundation.
                                      AND

                                      AO5.3 Redevelopment of built              N/A          The subject site is not located within the
                                      structures in the erosion prone area                   coastal management district.
                                      within a coastal management
                                      district:
                                      (1) avoids intensifying the use of
                                            the premises, or
                                      (2) demonstrates that any
                                            intensification of use will not
                                            result in an increase in the
                                            need for erosion control
                                            structures or riverbank
                                            hardening.
                                      AND

                                      AO5.4 Development that is coastal         N/A          The proposal is not for coastal protection
                                      protection work involves, in order of                  work.
                                      priority:
                                      (1) beach nourishment undertaken
                                            in accordance with a program
                                            of beach nourishment works
                                            that source sediment of a
                                            suitable quality and type from
                                            outside the active beach
                                            system, or
                                      (2) the construction of an erosion
                                            control structure, where it is
                                            demonstrated that installing an
                                            erosion control structure is the
                                            only feasible option for
                                            protecting permanent
                                            structures from coastal erosion
                                            and those structures cannot be
                                            abandoned or relocated in the
                                            event of coastal erosion
                                            occurring.
                                      Editor’s note: Applications for coastal
                                      protection work should be supported
                                      by a report certified by a Registered
                                      Professional Engineer of Queensland
                                      (RPEQ) that demonstrates how the
                                      engineering solution sought by the
                                      work will be achieved.

                                      Editor’s note: Applications for
                                      erosion control structures should
                                      demonstrate the consideration of
                                      beach nourishment techniques, and
                                      include a statement of why
                                      nourishment (in whole or part) has
                                      not been adopted as the preferred
                                      means of controlling the erosion
                                      risk.

                                      AND

                                      AO5.5 Development involving               N/A          The    proposal   does      not     involve
                                      reclamation:                                           reclamation work.
                                      (1) does not alter, or otherwise
State development assessment provisions                                               Module 10 — Coastal protection           10.1
Tidal works, or development in the coastal management district state code
23 November 2015 V1.7

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Page 36

Performance outcomes                     Acceptable outcomes                     Response     Comment
                                             minimises impacts on, the
                                             physical characteristics of a
                                             waterway or the seabed near
                                             the reclamation, including flow
                                             regimes, hydrodynamic forces,
                                             tidal water and riverbank
                                             stability
                                         (2) is located outside the active
                                             sediment transport area, or
                                             otherwise maintains sediment
                                             transport processes as close as
                                             possible to their natural state
                                         (3) ensures activities associated
                                             with the operation of the
                                             development maintain the
                                             structure and condition of
                                             vegetation communities and
                                             avoid wind and water run-off
                                             erosion.
                                         Editor’s note: Applications for
                                         reclamation should be supported by
                                         a report certified by an RPEQ that
                                         demonstrates how the engineering
                                         solutions sought by the work will be
                                         achieved

PO6 Erosion prone areas in a             AO6.1 Development locates built         N/A          The subject site is not located within the
coastal management district are          structures outside the part of the                   coastal management district.
maintained as development free           coastal management district that is
buffers, or where permanent              the erosion prone area unless the
buildings or structures exist, coastal   development is listed under AO1.1
erosion risks are avoided or             (1) – (4).
mitigated.                               AND


                                         AO6.2 Small to medium scale             N/A          The subject site is not located within the
                                         tourist development is located                       coastal management district.
                                         outside the erosion prone area
                                         unless it is redevelopment.
                                         AND

                                         AO6.3 Coastal-dependent                 N/A          The subject site is not located within the
                                         development:                                         coastal management district.
                                         (1) locates, designs and constructs
                                              relevant buildings or structures
                                              to withstand coastal erosion
                                              impacts, including by use of
                                              appropriate foundations, or
                                         (2) installs and maintains coastal
                                              protection works to mitigate
                                              adverse impacts to people and
                                              permanent structures from
                                              coastal erosion at the location.
                                         AND

                                         AO6.4 Development that is               N/A          The subject site is not located within the
                                         temporary, readily relocatable or                    coastal management district.
                                         able to be abandoned, or essential
                                         community service infrastructure:
                                         (1) locates built structures
                                              landward of an applicable
                                              coastal building line, or
                                         (2) where there is no coastal
                                              building line, locates habitable
                                              built structures landward of the
                                              alignment of adjacent habitable
                                              buildings, or
                                         (3) locates lifesaver towers or
                                              beach access infrastructure to

State development assessment provisions                                                Module 10 — Coastal protection         10.1
Tidal works, or development in the coastal management district state code
23 November 2015 V1.7

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Page 37

Performance outcomes                  Acceptable outcomes                      Response     Comment
                                          minimise its impacts on
                                          physical coastal processes, or
                                      (4) where it is demonstrated that
                                          (1) or (2) is not reasonable and
                                          (3) does not apply:
                                           (a) locates built structures as
                                                 far landward as
                                                 practicable
                                           (b) uses layout design to
                                                 minimise the footprint of
                                                 the development that
                                                 remains within the
                                                 erosion prone area.
                                      AND

                                      AO6.5 Redevelopment of existing          N/A          The subject site is not located within the
                                      built structures not referred to in                   coastal management district.
                                      AO6.4, and excluding marine
                                      development:
                                      (1) relocates built structures
                                            outside that part of the erosion
                                            prone area that is within the
                                            coastal management district, or
                                      (2) relocates built structures as far
                                            landward as practicable, and
                                            landward of an applicable
                                            coastal building line, or
                                      (3) where there is no coastal
                                            building line:
                                            (a) relocates built structures
                                                 landward of the alignment
                                                 of adjacent habitable
                                                 buildings, or
                                            (b) uses layout design to
                                                 minimise the footprint of
                                                 the development that
                                                 remains within the erosion
                                                 prone area, or
                                            (c)    provides sufficient space
                                                 seaward of the
                                                 development within the
                                                 premises to allow for the
                                                 construction of erosion
                                                 control structures.
                                      AND

                                      AO6.6 Redevelopment of built             N/A          The subject site is not located within the
                                      structures in the erosion prone area                  coastal management district.
                                      within a coastal management
                                      district, which results in an
                                      intensification of use, mitigates the
                                      erosion threat to the development,
                                      having regard to:
                                      (1) design and construction
                                            standards
                                      (2) installing and maintaining on-
                                            site erosion control structures
                                            within the premises if the
                                            development is not intended to
                                            be temporary.
PO7 Development avoids or             AO7.1 Coastal protection work that       N/A          The proposal is not for coastal protection
minimises adverse impacts on          is in the form of beach nourishment                   work.
coastal resources and their values,   uses methods of placement suitable
to the maximum extent reasonable.     for the location that do not interfere
                                      with the long-term use of the locality
                                      of, or natural values within or
                                      neighbouring, the proposed
                                      placement site.


State development assessment provisions                                              Module 10 — Coastal protection         10.1
Tidal works, or development in the coastal management district state code
23 November 2015 V1.7

                                                                                                       Page 6 of 13

Page 38

Performance outcomes                  Acceptable outcomes                      Response     Comment
                                      AND

                                      AO7.2 Marine development is              N/A          The proposal      is   not    for     marine
                                      located and designed to expand on                     development.
                                      or redevelop existing marine
                                      infrastructure unless it is
                                      demonstrated that it is not
                                      practicable to co-locate the
                                      development with existing marine
                                      infrastructure.
                                      AND

                                      AO7.3 Marine development:                N/A          The proposal      is   not   for      marine
                                      (1) relies on a natural channel of a                  development.
                                          depth adequate for the
                                          intended vessels, or
                                      (2) where there are no feasible
                                          alternative locations for the
                                          facility in the local area that do
                                          not require dredging for
                                          navigation channel purposes,
                                          development is located,
                                          designed and operated to
                                          minimise the need for capital
                                          and maintenance dredging for
                                          navigation channel purposes.
                                      AND

                                      AO7.4 Development minimises              N/A          The proposal does not involve any
                                      dredging or the disposal of material                  dredging or disposal of material in coastal
                                      in coastal waters during key                          waters.
                                      biological events (such as fish
                                      aggregations or spawning) for
                                      species found in the area.
                                      AND

                                      AO7.5 Measures are to be                 N/A          The proposed development will not
                                      incorporated as part of siting and                    impact on any identified ecological values
                                      design of the development to                          in accordance with Council and State
                                      protect and retain identified                         mapping.
                                      ecological values and underlying
                                      ecosystem processes within or
                                      adjacent to the development site to
                                      the greatest extent practicable. This
                                      includes:
                                      (1) maintaining or restoring
                                           vegetated buffers between
                                           development and coastal
                                           waters to the extent
                                           practicable, unless the
                                           development is within ports or
                                           airports, or is marine
                                           development
                                      (2) maintaining or enhancing the
                                           connectivity of ecosystems in
                                           consideration of the cumulative
                                           effect of the development in
                                           addition to existing developed
                                           areas
                                      (3) retaining coastal wetlands,
                                           seagrass beds and other locally
                                           important feeding, nesting or
                                           breeding sites for native
                                           wildlife.
                                      AND

                                      AO7.6 Measures are incorporated                      The proposal is for a relatively small
                                      as part of siting and design of the                   addition to the existing Noosa Marina.
                                      development to maintain or enhance                    The proposed deck won’t have any
State development assessment provisions                                              Module 10 — Coastal protection             10.1
Tidal works, or development in the coastal management district state code
23 November 2015 V1.7

                                                                                                       Page 7 of 13

Page 39

Performance outcomes                   Acceptable outcomes                      Response     Comment
                                       water quality to achieve the                          unreasonable impacts on water quality.
                                       environmental values and water
                                       quality objectives outlined in the
                                       Environmental Protection (Water)
                                       Policy 2009.
                                       AND

                                       AO7.7 Development avoids the                         Any identified acid sulfate soils can be
                                       disturbance of acid sulphate soils, or                appropriately managed in accordance
                                       where it is demonstrated that this is                 with best practice where required.
                                       not possible, the disturbance of acid
                                       sulphate soils is carefully managed
                                       to minimise and mitigate the
                                       adverse effects of the disturbance
                                       on coastal resources.

PO8 Coastal protection work is         AO8.1 Coastal protection work is         N/A          The proposal does not involve coastal
undertaken only as a last resort       only undertaken to protect existing                   protection work.
where erosion presents an imminent     permanent structures from imminent
threat to public safety or permanent   adverse coastal erosion impacts, and
structures.                            the structures cannot reasonably be
Editor’s note: Applications for        relocated or abandoned.
coastal protection work must be        AND
supported by a report certified by
an RPEQ that demonstrates how the      AO8.2 Coastal protection work to         N/A          The proposal does not involve coastal
engineering solution sought by the     protect private structures is                         protection work.
work will be achieved.                 undertaken on private land to the
                                       maximum extent reasonable.
                                       AND

                                       AO8.3 Coastal protection work does       N/A          The proposal does not involve coastal
                                       not increase the coastal hazard risk                  protection work.
                                       for adjacent areas or properties.

PO9 Development avoids adverse         AO9.1 Development:                                   The area of the subject site to
impacts on matters of state            (1) is set back from matters of                       accommodate the proposed deck does
environmental significance, or             state environmental                               not contain any matters of state
where this is not reasonably               significance                                      environmental significance in accordance
possible, impacts are minimised and    (2) avoids interrupting, interfering                  with SARA mapping.
an environmental offset is provided        or otherwise adversely
for any significant residual impacts       impacting underlying natural
to matters of state environmental          ecosystem components or
significance that are prescribed           processes and interactions that
environmental matters.                     affect or maintain the matters
                                           of state environmental
                                           significance, such as water
                                           quality, hydrology,
                                           geomorphology and biological
                                           processes, or
                                       (3) incorporates measures as part
                                           of its location and design to
                                           protect and retain matters of
                                           state environmental
                                           significance and underlying
                                           ecosystem processes within
                                           and adjacent to the
                                           development site to the
                                           greatest extent practicable.
                                       Editor’s note: Applications for
                                       development should identify any
                                       threatened species or their habitats,
                                       or threatened ecosystems that may
                                       be affected by the proposal. In
                                       particular, applications should
                                       identify and describe how the
                                       development avoids adverse impacts
                                       on any critical life stage ecological
                                       processes within or adjacent to the
                                       development area.

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Performance outcomes                     Acceptable outcomes                      Response     Comment
                                         AND

                                         AO9.2 Where impacts cannot be            N/A          The area of the subject site to
                                         reasonably avoided or minimised, an                   accommodate the proposed deck does
                                         environmental offset is provided for                  not contain any matters of state
                                         any significant residual impact on                    environmental significance in accordance
                                         matters of state environmental                        with SARA mapping.
                                         significance that are prescribed
                                         environmental matters caused by
                                         the development.
                                         Editor’s note: Applications for
                                         development should identify
                                         anticipated losses, and outline what
                                         actions are proposed to be
                                         undertaken to offset the loss in
                                         accordance with the Significant
                                         Residual Impact Guideline and the
                                         relevant Queensland Environmental
                                         Offsets Policy.

PO10 Development maintains or            AO10.1 Development adjacent to                       The proposed development is wholly
enhances general public access to        state coastal land or tidal water:                    contained within the Noosa Marina lease
or along the foreshore, unless this is   (1) demonstrates that restrictions                    area and does not restrict existing public
contrary to the protection of coastal         to public access are necessary                   access to the Noosa River foreshore.
resources or public safety.                   for:
                                              (a) the safe or secure
                                                    operation of development,
                                                    or
                                              (b) the maintenance of
                                                    coastal landforms and
                                                    coastal habitat
                                         (2) separates residential, tourist
                                              and retail development from
                                              tidal water with public areas or
                                              public access facilities, or
                                         (3) maintains existing public access
                                              (including public access
                                              infrastructure that is in the
                                              public interest) through the site
                                              to the foreshore for:
                                              (a) pedestrians, via access
                                                    points including approved
                                                    walking tracks, boardwalks
                                                    and viewing platforms, or
                                              (b) vehicles, via access
                                                    points including approved
                                                    roads or tracks.
                                         AND

                                         AO10.2 Development adjacent to                       The proposed development does not
                                         state coastal land, including land                    prevent public access to the Noosa River
                                         under tidal water:                                    foreshore.
                                         (1) is located and designed to:
                                                                                               The proposed development will form part
                                              (a) allow safe and
                                                                                               of the existing Noosa Marina. The
                                                   unimpeded access to,
                                                                                               proposed deck does not change existing
                                                   over, under or around
                                                                                               emergency vehicle access to the Marina
                                                   built structures located on,
                                                                                               or State coastal land.
                                                   over or along the
                                                   foreshore
                                              (b) ensure emergency
                                                   vehicles can access the
                                                   area near the
                                                   development, or
                                         (2) minimises and offsets any loss
                                              of access to and along the
                                              foreshore within two kilometres
                                              of the existing access points,
                                              and the access is located and
                                              designed to be consistent with

State development assessment provisions                                                 Module 10 — Coastal protection         10.1
Tidal works, or development in the coastal management district state code
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Performance outcomes                      Acceptable outcomes                      Response     Comment
                                                (1)(a) and (b).
                                          AND

                                          AO10.3 Any parts of private              P/S          The proposed deck is wholly contained
                                          development that extend over tidal                    within the Noosa Marina lease area. The
                                          water are to be designed,                             proposed development does not prevent
                                          constructed and used for marine                       public access to the Noosa River
                                          access purposes only.                                 foreshore in accordance with PO10.

PO11 Private marine development           AO11.1 Private marine development                    The proposed deck is wholly contained
avoids structures attaching to, or        and other structures such as decks                    within the Noosa Marina lease area and
extending across, non-tidal state         or boardwalks for private use do not                  does not extend across non-tidal state
coastal land abutting tidal waters.       attach to, or extend across state                     coastal land.
                                          coastal land that is situated above
                                          the high water mark.
                                          Editor’s note: For occupation permits
                                          or allocations of State land, refer to
                                          the Land Act 1994.

PO12 Further development of               AO12.1 The design, construction          N/A          No artificial tidal waterways are proposed.
artificial waterways avoids or            and operation of artificial tidal
minimises adverse impacts on              waterways maintains the tidal prism
coastal resources and their values,       volume of the natural waterway to
and does not contribute to:               which it is connected.
(1) an increase in the risk of            AND
       flooding or erosion
(2) degradation of water quality          AO12.2 The design, construction          N/A          No artificial tidal waterways are proposed.
(3) degradation and loss of               and operation of artificial tidal
       matters of state environmental     waterways does not increase risk
       significance (including, but not   from flooding.
       limited to, coastal wetlands,      AND
       fish habitat areas and
       migratory species habitat).        AO12.3 The design, construction          N/A          No artificial tidal waterways are proposed.
                                          and operation of an artificial
                                          waterway in connection with the
                                          reconfiguration of a lot ensures:
                                          (1) water inlet and outlets
                                                structures are of sufficient
                                                capacity to maintain the water
                                                quality within the waterway
                                          (2) water discharged from the
                                                artificial waterway protects the
                                                environmental values and
                                                water quality objectives of the
                                                receiving waters
                                          (3) dredged material is not
                                                disposed of to tidal water
                                                beyond the artificial waterway
                                                unless there is a beneficial
                                                reuse, e.g. beach nourishment.
                                          Editor’s note: For more information
                                          on environmental values and water
                                          quality objectives see Schedule 1 of
                                          the Environment Protection (Water)
                                          Policy 2009.
                                          AND

                                          AO12.4 The location of the artificial    N/A          No artificial tidal waterways are proposed.
                                          waterways avoids matters of state
                                          environmental significance, or does
                                          not result in any significant adverse
                                          impact on matters of state
                                          environmental significance.

PO13 Development does not                 No acceptable outcome is                             The    proposal     does    not    involve
involve reclamation of land below         prescribed.                                           reclamation of land below tidal water.
tidal water, other than for the
purposes of:
(1) coastal-dependent
State development assessment provisions                                                  Module 10 — Coastal protection          10.1
Tidal works, or development in the coastal management district state code
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Performance outcomes                    Acceptable outcomes                     Response     Comment
    development, public marine
    development or community
    infrastructure
(2) strategic ports, boat harbours
    or strategic airports and
    aviation facilities, in
    accordance with a statutory
    land use plan, where there is a
    demonstrated net benefit for
    the state or region and no
    feasible alternative exists
(3) coastal protection work or
    work necessary to protect
    coastal resources or physical
    coastal processes.


Table 10.1.2: Operational work
Performance outcomes                    Acceptable outcomes                     Response     Comment
PO1 Tidal works that is private         AO1.1 The location and design of        N/A          The proposal is not for private marine
marine development does not result      tidal works that is private marine                   development.
in adverse impacts to tidal land.       development:
Editor’s note: In addressing this       (1) is on private land abutting tidal
performance outcome, the applicant            water and used for property
should comply with the performance            access purposes
criteria and acceptable standards       (2) occupies the minimum area
set out in the Operational Policy             reasonably required for its
Building and engineering standards            designed purpose
for tidal works, Department of          (3) is not to be roofed or otherwise
Environment and Heritage                      covered
Protection, 2013.
                                        (4) does not require the
                                              construction of coastal
Editor’s note: Applications should be
                                              protection works, shoreline or
supported by a report certified by
                                              riverbank hardening or
an RPEQ to demonstrate compliance
                                              dredging for marine access
with this performance outcome.
                                        (5) does not adversely impact on
                                              public safety or public access
                                              and use of the foreshore.
PO2 Development does not result         AO2.1 The design and construction       N/A          No artificial tidal waterways are proposed.
in the disposal of material dredged     of the artificial waterway includes
from an artificial waterway into        onsite provisions for drying, re-
coastal waters, with the exception      handling and disposal of dredge
of:                                     material on site to facilitate the
(1) reclamation works, or               timely disposal to land or re-use.
(2) coastal protection works, or
(3) the maintenance of an existing
      artificial waterway and the at-
      sea disposal of material that
      has previously been approved
      for the waterway.
PO3 The design and construction of      AO3.1 The design and construction       N/A          No artificial tidal waterways are proposed.
an artificial waterway maintains        of the artificial waterway provides
coastal landforms.                      for sand bypassing where this is
                                        necessary to prevent erosion of
                                        adjacent coasts and minimise
                                        sedimentation of the waterway.
                                        AND

                                        AO3.2 Clean sand accumulating
                                        within an artificial waterway is
                                        returned to the active beach system,
                                        in preference to disposal on land.
PO4 Development that involves           AO4.1 A management plan for the         N/A          The proposal does not involve dredging.
dredging includes and complies with     development:
a management plan that                  (1) directs the operation of the
demonstrates how environmental               development
impacts will be managed and             (2) identifies disposal methods and

State development assessment provisions                                               Module 10 — Coastal protection          10.1
Tidal works, or development in the coastal management district state code
23 November 2015 V1.7

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Performance outcomes                  Acceptable outcomes                        Response     Comment
mitigated, and how the                    disposal sites for the removed
requirements of the National              material for the construction
assessment guidelines for dredging,       and operational phases of the
Australian Government Department          development
of the Environment, Water, Heritage   (3) outlines how any adverse
and the Arts, 2009, will be met.          effects from extraction activities
                                          on sediment transport
                                          processes or adjacent coastal
                                          landforms will be mitigated or
                                          otherwise remediated by
                                          suitably planned and
                                          implemented beach
                                          nourishment and rehabilitation
                                          works.
                                      Editor’s note: The suitability of the
                                      dredged sediment for ocean disposal
                                      is to follow the assessment of
                                      potential contaminants under the
                                      National assessment guidelines for
                                      dredging, Australian Government
                                      Department of the Environment,
                                      Water, Heritage and the Arts, 2009.
                                      AND

                                      AO4.2 For land based disposal of           N/A          The proposal does not involve dredging.
                                      dredged material, any area used for
                                      storing, dewatering, drying or
                                      rehandling dredged material as
                                      outlined in the dredge management
                                      plan is:
                                      (1) of sufficient size for the
                                            projected volume of dredged
                                            material from relevant capital
                                            or maintenance dredging
                                      (2) protected from future
                                            development that would
                                            compromise the use of the area
                                            for its intended purpose of
                                            material storage and
                                            dewatering.
                                      AND

                                      AO4.3 For at-sea disposal of               N/A          The proposal does not involve dredging.
                                      suitable dredged material, the
                                      dredge management plan specifies
                                      that material is placed at a dredged
                                      material disposal site only if it is
                                      demonstrated that it is not feasible
                                      to:
                                      (1) dispose of the material above
                                           the high water mark, if the
                                           material is from maintenance
                                           works for an existing artificial
                                           waterway for which at-sea
                                           disposal was previously
                                           approved, or
                                      (2) keep the dredged material
                                           within the active sediment
                                           transport system for the
                                           locality, or
                                      (3) use the material for beach
                                           nourishment or another
                                           beneficial purpose.
                                      AND

                                      AO4.4 For at-sea disposal of               N/A          The proposal does not involve dredging.
                                      dredged material where the marine
                                      spoil disposal site is a retentive (i.e.
                                      non-dispersive) site, the disposal site
                                      identified in the dredge management

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Tidal works, or development in the coastal management district state code
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Performance outcomes                   Acceptable outcomes                     Response     Comment
                                       plan has the capacity to hold and
                                       retain the material within its
                                       boundaries during construction and
                                       operation of the development.
                                       Editor’s note: The use of dredged
                                       material for a beneficial purpose
                                       could include development of port or
                                       other marine facilities, use for
                                       construction or industrial purposes,
                                       or use to create or modify land or
                                       waters for an approved
                                       environmental outcome (such as
                                       creation of a bird roosting site).
                                       Further information about beneficial
                                       uses is contained in the National
                                       assessment guidelines for dredging,
                                       Australian Government Department
                                       of Environment, Water, Heritage and
                                       the Arts, 2009

Within a strategic environmental area: riparian and wildlife corridor functions
PO5 Natural regeneration of any        AO5.1 There is no impediments to        N/A          The proposed deck is not located in a
cleared or work area is facilitated    the natural regeneration of native                   strategic environmental area.
wherever possible.                     plant species in the area of clearing
                                       and works following completion of
                                       works.

Within a strategic environmental area: hydrological processes
PO6 Development avoids or              No acceptable outcome is                N/A          The proposed deck is not located in a
minimises impacts on natural           prescribed.                                          strategic environmental area.
drainage lines or flow paths, during
both construction and operation.
Within a strategic environmental area: water quality
PO7 Development avoids or              AO7.1 Development demonstrates          N/A          The proposed deck is not located in a
minimises any adverse impacts on       best practice environmental                          strategic environmental area.
environmental values and water         management to meet relevant
quality objectives for receiving       environmental values and water
waters (surface and groundwater)       quality objectives of the
from pollutants on site or leaving a   Environmental Protection (Water)
site located in a strategic            Policy 2009.
environmental area.
                                       OR

                                       AO7.2 All stormwater, wastewater,       N/A          The proposed deck is not located in a
                                       discharges and overflows leaving the                 strategic environmental area.
                                       site are:

                                       (1) treated to the quality of the
                                            receiving waters prior to
                                            discharge, OR;

                                       (2) reclaimed or re-used such that
                                            there is no export of pollutants
                                            to receiving waters.




State development assessment provisions                                              Module 10 — Coastal protection     10.1
Tidal works, or development in the coastal management district state code
23 November 2015 V1.7

                                                                                                     Page 13 of 13

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