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2021-08-10 Planning & Environment Committee Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         10 AUGUST 2021


Analysis of aerial photography shows an escalation of vessels and structures in the period
particularly between 2008 and 2019, with associated clearing of foreshore vegetation including
protected mangroves.
The location is fairly concealed from general public view due to the location of the adjacent small
island. Access is required by boat or vehicle using the North Head sand track.
Policy Provisions
In terms of vessel storage on public land, current activity is inconsistent with other public foreshore
areas governed by Local Law No 4 (Local Government Controlled Areas, Facilities and Roads) which
prohibits storage of vessels, as well as construction of private structures on public land.
In terms of structures, defined as ‘Landings’ by the Noosa Plan, research indicates that they don’t
appear to have development approval under the Noosa Plan, nor would they appear to be consistent
with planning expectations.
The zone of the land is taken as the zone of the adjacent sites, being Rural Residential. Jetty
structures are defined as ‘Landings’ by the Noosa Plan, and Material Changes of Use (MCU) are
code assessable in the zone, as well as requiring Operational Works approval for prescribed tidal
works. The Department of Agriculture and Fisheries (DAF) are likely to be a referral agency due to
the location within a Fish Habitat Area In addition Council, as trustee, would need to provide owners
consent to any application to be made to DAF.
The Noosa Plan Waterway Works code includes the following guiding statements:
•     The construction of new jetties and wharves on public lands is avoided unless there is a clear
      demonstrated community benefit and community support.
•     Public access to beaches and foreshores is not impeded, including the pocket sandy beaches
      and other foreshores along the Noosa River.
•     Large jetties, pontoons and wharves that are capable of serving other uses, such as for private
      recreational purposes, are not developed.


NRSAC Discussions
Discussion at the 23 June NRSAC meeting included the following points:
•     The concern for the unlawful use of foreshores and damage to environmentally significant
      vegetation.
•     The process for Council to review and implement better controls on the use of the public
      foreshore land.
•     Differing views on the desirability of any public facilities in this location for local residents, as a
      consistent approach should be applied to this site as other sites on the Noosa River with similar
      circumstances including Weyba Creek, Sheep Island channel and other North Shore pockets.
•     Need for rehabilitation following removal of structures.
An action was recorded to prepare a report to Council on circumstances of Frying Pan and provide
progress reports to NRSAC.
In terms of other locations, NRSAC members consider that similar issues exist in other locations
including Weyba Creek, the channel adjacent to Sheep Island with residential properties fronting
Myles, Ada and Stephens Street, Tewantin, and along Maximillian Drive, Noosa North Shore.
NRSAC members have an expectation of improved river management consistent with the purpose
and objectives for the committee, and whilst they understand the remit of Maritime Safety
Queensland to resolve vessel management in the river, they are looking to Council to better manage
foreshore issues within Council’s remit as part of its contribution to better river management.
Comments in discussion also referenced the north side of the river as being the frontier to the Noosa

                                                                                          Page 111 of 165
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