Council Planning Report OPW17/0024

OPW17/0024 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS - PRESCRIBED TIDAL WORKS - EXTENSIONS TO AN EXISTING JETTY AT 9 CARDELL ROAD, TEWANTIN

Document information

Author	Planning Coordinator, Patrick Murphy
Planning & Infrastructure Department

Index	ECM/ Application/ OPW17/0024

Attachments	1.	Site Plan

APPLICATION DETAILS
Applicant	Osco Finance P/L ST
Proposal	Development Permit for Operational Works for Prescribed Tidal Works – Extension to an Existing Jetty
Properly Made Date	31 January 2017
Information Request Date	13 February 2017
Information Response Date	28 February 2017
Decision Due Date	29 May 2017

PROPERTY DETAILS
Property Address	9 Cardell Road, Tewantin  Qld  4565
RP Description	Lot 20 CP 907535
Land Area	1159m²
Existing Use of Land	Jetty for boat hire

STATUTORY DETAILS
SEQRP Designation	N/A
Locality	Tewantin and Doonan
Zone	Nearest zone: Open Space Conservation
Overlays	Biodiversity Overlay: Riparian Buffer Area Natural Hazard Overlay: Flood Hazard, Acid Sulphate Soils
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 9 May 2017 regarding Application No. OPW17/0024 for a Development Permit for Operational Works for Prescribed Tidal Works - Extension to an Existing Jetty situated at 9 Cardell Road, Tewantin and approve the application in accordance with the following conditions:
Approved Plans
Vessels associated with the marine use of the facility must only be moored within the approved lease area
The structure identified as “Store” must only be used for the purpose of storage associated with the marine facility and must not be used for commercial purposes.
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A001	B	Site Plan large	17/02/2017
A002	B	Site Plan	17/02/2017
A003	B	Site Plan – Demo	17/02/2017
A101	B	Set Out Plan	17/02/2017
A201	B	Office Floor Plan and Elevations	17/02/2017
A202	B	Store Plans and Elevations	17/02/2017
All structures associated with the development must be constructed wholly within the approved area
Structures must be designed and constructed such that they are free standing within the waterway and are not connected to or behind the revetment wall or rock wall. Upon completion of works, a certification by RPEQ must be provided to Council in this regard.
All structures must have no detrimental effects on stormwater drains and/or easements.
The jetty and deck areas must be constructed in a manner to render the underside area vermin proof
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall unless all switches and power outlets are positioned above the 1%AEP flood level.
Lighting associated with the use must be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
Certification by a Registered Professional Engineer of Queensland that states that the works have been constructed in accordance with best practice methods and are structurally sound must be submitted to Council. This certification must be submitted to Council within three (3) months of the date of this approval.  A final inspection and approval of the structure by Council’s Inspector is also required.  Please contact Council’s Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
All necessary State government approvals relating to this development must be obtained.

REPORT
PROPOSAL
The application is for a Development Permit for Operational Works for Prescribed Tidal Works – Extension to an Existing Jetty.
The report submitted with the application identifies the following repairs and improvements as forming the work of this application:
Renewing and widening the existing jetty structure from 1.165m to 1.8m metres wide to comply with current access standards and improve public access safety;
Installing a security gate and jetty handrail;
Reducing the length of the existing timber jetty and installing a new hinged aluminium walkway within the lease area;
Installing 4 ‘finger’ pontoons parallel to the shore to allow access to moored boats within the lease area;
Relocate the existing office and decking area currently located near the end of the existing
jetty closer to the shore and entrance to the jetty (with no increase in the jetty/decking use areas);
Construct a new 5.3m x 2.3m (12m2) x 2.4m high ‘storage’ building on the southern side of
the new walkway;
Removing all existing unused pilings and pontoons within the lease area; and
Maintenance dredging works for approximately the first 15 metres from the Low Water Line to comply with lease conditions and safely utilise this area without regular dredging.
Attachment 1 details the proposed site pan and details areas to be removed.
The following images detail the proposed site plan and elevations of the office and store.

Figure 1: Site plan

Figure 2: Elevation of office

Figure 3: Elevation of Store
site details
Background
A history of the sites lease was provided with the application:
On the 25 October 1951, the Marine Board issued approval for a ‘T’ shaped jetty extending 147 feet (45m) into the Noosa River. The associated lease area was then established extending 45m into the Noosa River.
On the 5 November 1996, the associated lease was registered as a plan of survey for lot 20 on CP907535. As part of the survey, the jetty structures were included and appear to show the current site office and jetty structures.
On the 3 June 2015, the Department of Natural Resources and Mines issued a 30 year lease renewal to the lease holder (Osco Finance Pty Ltd.) for the continued purpose as a ‘Marine Facility’.
On the 21 November 2016, a revised survey plan was submitted to the Department of Natural Resources & Mines (DNRM) to extend the area of the existing term lease to cover a newly constructed disabled access to the jetty facilities.
At the time of the application of the revised survey plan the applicant sought to increase the lease area further into the waters of the Noosa River. Council was requested to provide comment to the Department of Natural Resources. Council advised that it did not support the increase of the lease area into the river but that it did support an increase in the width of the walkway.
On 31 January 2017 the revised survey plan was registered thereby cancelling the previous title reference of Lot 20 onCP907535 and creating new title reference of Lot 20 on SP284459.
The site has historically been used as a marine facility for the purpose of a commercial jetty for boat hire purposes. A review of aerial photographs has identified that the storage of boats associated with the marine facility has not been contained within the lease area.

Nearmap: February 2017

Nearmap: May 2016

Nearmap: September 2015

Nearmap: April 2015

Nearmap: September 2014

Nearmap: June 2014

Nearmap: August 2013
Site Description
The subject site is located at 9 Cardell Road, Tewantin (Lot 20 on CP907535) and includes a State Lands Lease over a portion of the Noosa River, which is currently 1,159m2 in area adjoining the western river bank.
The lease area is located along the RSL Memorial Park foreshore and currently contains a timber jetty structure, reception and office building as shown in the aerial photos below.
Surrounding Land Uses
The subject site is situated adjacent to the RSL Memorial Park foreshore whilst residential properties of Noosa North Shore are situated on the opposite side of Noosa River.
assessment
Statutory Instruments – Planning Scheme
The subject site is located in the Tewantin and Doonan Locality and takes on the zoning of the adjoining foreshore land which is Open Space Conservation Zone.
The proposed works require a Code assessment. The applicable codes are:
Tewantin and Doonan Locality Code
Watercourses Works Code
IDAS code for Prescribed Tidal Works
The application has been assessed against each of the above applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Tewantin and Doonan Locality Code
Specific Outcomes:
Noosa River Outcome 21
Commercial development on and adjacent to the Noosa River is designed to
a)	provide for uses for marine facility purposes only;
b)	be compatible with the scenic values of the waterway;
c)	provide a high level of amenity, including ensuring low ambient noise levels;
d)	not increase the overall scale and intensity of commercial operations;
e)	ensure no additional commercial leases on the Noosa River;
f)	ensure no net increase in the gross floor area of buildings or structures;
g)	use materials, natural finishes and colours that blend with the surrounding natural landscape; and
h)	reflect the character and setting of the locality (such as timber and tin construction with a traditional pitched roof design).
It is considered that the proposal accords with all aspects of this objective with the exception that there will be an increase in gross floor area attributable to the new storage building. The new building is to allow for the storage of items associated with the marine facility that had previously been stored outside. The new building is a minor addition as it is 12m2 in area and will be of colours and materials that are consistent with the character of the area. Conditions may be placed on the permit to limit the use of the building to the storage of materials associated with the marine facility.
Noosa River Outcome 22
Commercial development does not extend beyond existing commercial lease areas.
The proposal does not seek commercial development beyond the lease area. Historically boats moored at the facility have extended beyond the lease area. The permit applicant has provided advice that the current lessee (Luxury Afloat Houseboats) has a fleet of 4 main boats with the following dimensions:
2 x 13.7m long x 4.7m wide (45 foot 10 berth)
1 x 12.2m long x 5m wide (40 foot 8 berth)
1 x 10m long x 4.3m wide (33 foot 6 berth)
In addition to the above the current lessee also has several small tenders of various sizes.
The amended layout of the jetties improve the capacity for boats to be moored within the lease area as there is 10.5 metres in distance between the pontoons. This space is sufficient to accommodate the fleet of boats detailed above.
The following image identifies how the large vessels can be stored within the lease area.

Further advice from the permit applicant supports that there will be no development beyond the commercial lease area:
…….as the lease is a private marine facility, the management of the moorings will be supervised by the owner/manager of the facility from the onsite office to ensure compliance with the State lease conditions. The State lease conditions require ‘The lessee must, take all reasonable action to ensure that all vessels attached to moorings within the boundaries of the land must be moored wholly within such boundaries and that such vessels or any part of thereof must not encroach beyond the boundaries of the land’
The application was also referred to the Department of Infrastructure, Local Government and Planning whose response included general advice stating….
All vessels moored to the structure must be in accordance with the purpose, terms and conditions of tenure over lot 20 on SP284459. In particular vessels being moored inside the lease area.
Noosa River Outcome 23
The loading and unloading of passengers is confined to the commercial lease areas of the respective commercial operation.
The increased pontoon and jetties improve the provision of areas for the loading and unloading of passengers.
Watercourses Works Code
The proposal demonstrates a high level of compliance with the Watercourses Works Code
IDAS Code for Prescribed Tidal Works
The IDAS code sets out a number of specific outcomes and probable solutions for the works. The following specific outcomes are of most relevance for the assessment.
Outcome 3.1
Prescribed tidal work is of a height, scale and size to ensure the work is compatible with the character and amenity of its location, having regard to the following:
The height, scale and size of the natural features of the work’s immediate surroundings and the locality within which the work is located,
The height, scale and size of the existing buildings or other structures in the work’s immediate surroundings and the locality within which the work is located,
If the relevant planning scheme states the desired height, scale or size of buildings or other structures in the work’s immediate surroundings or the locality within which the work is located – the stated desired height, scale or size.
The form of the development is compatible with the surrounding natural environment and the existing built form within and outside of the lease area.
Outcome 7.2
The location of prescribed tidal work ensures vegetation is cleared or disturbed only to the extent reasonably necessary for the work.
No vegetation removal is required for the works.
Outcome 8.1
Prescribed tidal work does not have a significant adverse effect on the availability of public access to foreshores, including public access proposed in the relevant planning scheme.
The works are contained within the lease area and do not significantly affect public access to the foreshore.
cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
The application was referred to the Department of Infrastructure, Local Government and Planning (SARA) as a concurrence agency. The Departments response was issued on 28 March 2017
The department’s response was an approval with conditions.
Other Referrals
The application was assessed by the following internal Council specialists:
Development Engineer, Engineering.
Their assessment forms part of this report.
conclusion
The application for an Operational Works Permit to develop alterations and additions to the jetty and pontoons at 9 Cardell Road is recommended for approval. The proposed works provide for an upgrade of an existing marine facility and complies with State and Local Planning Codes. The works will allow for improved access to the site to comply with current building standards and facilitate an improved capacity to moor vessels within the lease area. The new buildings will be an enhancement on the existing building within the lease and provide improved public safety by locating it closer to the jetty entry.

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 MAY 2017

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