Council Planning Report OPW17/0016

OPW17/0016 - DEVELOPMENT PERMIT FOR OPERATIONAL WORKS - PRESCRIBED TIDAL WORKS (OYSTER REEF RESTORATION)

Document information

Author	Coordinator - Engineering, Mark Lewis
Planning & Infrastructure Department

Index	ECM/Application/OPW17/0016

Attachments	Nil

APPLICATION DETAILS
Applicant	Noosa Council
Proposal	Development Permit for Operational Works - Prescribed Tidal Works (Oyster Reef Restoration)
Properly Made Date	18 January 2017
Decision Due Date	24 April 2017

PROPERTY DETAILS
Property Address	Noosa Woods Park & Public Toilets, Claude Batten Drive, Noosa Heads
RP Description	Lot 114 MCH 839107
Land Area	313000.00 Square Metres
Existing Use of Land	Not applicable

STATUTORY DETAILS
SEQRP Designation	Not applicable
Locality	Noosa Heads
Zone	Not applicable
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Engineering, Mark Lewis to the Planning & Environment Committee Meeting dated 9 May 2017 regarding Application No. OPW17/0016 for a Development Permit for Operational Works for Prescribed Tidal Works (Oyster Reef Restoration Units) situated at Noosa Woods Park & Public Toilets, Claude Batten Drive, Noosa Heads and approve the application in accordance with the following conditions:
APPROVED PLANS
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
2016.0028-001	A	Site Location prepared by International Coastal Management	20 October 2016
2016.0028-002	A	Plan Layout Site 1-12 prepared by International Coastal Management	20 October 2016
2016.0028-003	A	Plan Layout Site 13-16 prepared by International Coastal Management	20 October 2016
2016.0028-004	A	Site 1 prepared by International Coastal Management	20 October 2016
2016.0028-005	A	Site 2 prepared by International Coastal Management	20 October 2016
2016.0028-006	A	Site 3 prepared by International Coastal Management	20 October 2016
2016.0028-007	A	Site 4 prepared by International Coastal Management	20 October 2016
2016.0028-008	A	Site 5 prepared by International Coastal Management	20 October 2016
2016.0028-009	A	Site 6 prepared by International Coastal Management	20 October 2016
2016.0028-010	A	Site 7 prepared by International Coastal Management	20 October 2016
2016.0028-011	A	Site 8 prepared by International Coastal Management	20 October 2016
2016.0028-012	A	Site 9 prepared by International Coastal Management	20 October 2016
2016.0028-013	A	Site 10 prepared by International Coastal Management	20 October 2016
2016.0028-014	A	Site 11 prepared by International Coastal Management	20 October 2016
2016.0028-015	A	Site 12 prepared by International Coastal Management	20 October 2016
2016.0028-016	A	Site 13 prepared by International Coastal Management	20 October 2016
2016.0028-017	A	Site 14 prepared by International Coastal Management	20 October 2016
2016.0028-019	A	Site 16 prepared by International Coastal Management	20 October 2016
2016.0028-020	A	Detail prepared by International Coastal Management	20 October 2016
All equipment and structures associated with the works must be located in accordance with the approved plans.
Safe access in the vicinity of the works must be maintained at all times.
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 must be submitted to Council at the completion of the works. The certification must state that the works have been constructed in accordance with best practice methods, are in accordance with Coastal Protection and Management Act 1995.

REPORT
PROPOSAL
The application seeks approval for a Development Permit for Operational Works for Prescribed Tidal Works. Specifically, approval is sought for the installation of oyster reef restoration units at 15 sites throughout the Noosa River. The locations for the 15 sites are all within the intertidal zone of the Noosa River and each unit is proposed to be sited marginally above the lowest astronomical tide at each of the 15 sites. The land identified as the property (Noosa Woods Park & Public Toilets Claude Batten Drive, Noosa Heads) is for record keeping purposes only.
Each oyster reef restoration unit will occupy 12m2 at the 15 sites which equates to a total area of 180m2. Each unit is intended to be located within a 90m2 resource area at all 15 sites equating to a total area of 1,350m2. A locality plan is provided below in Figures 1 and 2 which depict the approximate location of each of the sites. Figures 3 and 4 illustrate the layout of each unit and associated resource area and buffer.

Figure 1 – Locality Plan of Sites 1 to 12

Figure 2 – Locality Plan of Sites 13 to 16 (Site 15 Deleted)

Figure 3 – Restoration Unit and Allocation Area

Figure 4 – Oyster Reef Plan
assessment
The application has been assessed against the following statutory instruments where applicable, including:
the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument

Prescribed Tidal Works Code - Coastal Protection and Management Regulation 2003.
The proposed prescribed tidal works triggers assessment against the Prescribed Tidal Works Code under Schedule 4A of the Coastal Protection and Management Regulation 2003. The proposed development aligns with the Specific Outcomes listed in the code on the basis that the proposed development is not for a permanent structure relating to a freehold lot (jetty, pontoon, boat ramp etc.), the development does not pose a risk to public safety, does not rely on vegetation removal in the tidal water or on land under tidal water and does not impact the amenity and character of the locality.
The application has also been assessed against the planning scheme, including the following applicable codes:
Watercourse Works Code – The Noosa Plan
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Watercourse Works Code
Specific Outcome O3 of the Watercourses Works Code does not allow the undertaking of prescribed tidal works on the southern bank of the Noosa River and tributaries between the Noosa Heads Lions Park and Weyba Bridge. The extent of the relevant bank is depicted below in Figure 5.

Figure 5 – Southern Banks of Noosa River
Prescribed tidal works are not permitted in the nominated location for the purpose of amenity. More specifically, the Overall Outcomes sought for the Watercourses Works Code are to ensure that prescribed tidal work is compatible with the character and amenity of its surrounding area.
Site 11 is the only oyster reef restoration unit (out if the 15 locations) proposed to be located on the Southern bank between Noosa River and tributaries between Noosa Heads Lions Park and Weyba Bridge.
Although contrary to Specific Outcome O3 of the Watercourses Works Code, the proposed prescribed tidal works for the installation of an oyster restoration unit at site 11 will actually restore the natural amenity and environment. The proposal is to use natural recruitment processes for restoration of oyster habitats that once naturally occurred and were anthropogenically removed from the system.
The restoration units are not of a sizeable nature, will only be visible during low tide periods, and are required to grow into a self-sustaining natural feature after three years, or require removal. For these reasons they are considered inconsequential and unlikely to impact on the amenity and character of its surroundings.
cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of Local Government, infrastructure and Planning.
The department is a concurrence agency for Tidal Works and Works within Fish Habitat Areas.  The department responded by letter dated 22 March 2017 approving the proposed development subject to reasonable and relevant conditions.
Other Referrals
The application was forwarded to the following internal Council specialists:
Development Planner, Planning and Environment Assessment Branch
Environment Officer, Engineering and Environment Assessment Branch
Their assessment forms part of this report.
conclusion
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 MAY 2017

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Site Number Easting Northing Site Number Easting Northing
504268 7082455 7 505442 7080688
504555 7081863 8 506151 7080584
504293 7081482 9 507055 7081187
504441 7080714 10 507134 7081732
504960 7080594 1 508037 7080212
505141 7080843 12 507660 7079935

 


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LAKE WEYBA

Site Number Easting Northing Site Number Easting Northing
13 507103 7078796 16 506189 7075606

14 507119 7078690
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FLOOD FLOW
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[et LT arenas
Oo 10 20 30 40 50m ENTRANCE


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A Oyster Reef Restoration Site

Resource Allocation Area (RAA)
(5.35m Radius)

Buffer Zone
QO (20m outside boundary of RAA)


[Attachment: image5.png (image text)]
   
 

OYSTER REEF FOOTPRINT ~11m42

Nominal LAT
FLOOD FLOW DIRECTION