Development Assessment Report · OPW16/0016

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