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Amended OBoats Development Assessment Report - Updated 300322

Attached to the e-mail Amended DA Form 1 & Amended Planning Report - MCU22/0048 & OPW22/0089 Combined Application for 222 Gympie Tce NOOSAVILLE.

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       DEVELOPMENT ASSESSMENT REPORT
DEVELOPMENT APPLICATION FOR A COMBINED MATERIAL CHANGE OF USE
       FOR A LANDING AND ASSOCIATED OPERATIONAL WORKS

                     222 GYMPIE TERRACE, NOOSAVILLE, QLD
                            LOT 160 ON CP908649


File Number: 21280                                         March 2022
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Page 2

 PROJECT URBAN – 21280                                                                                                                   2022

DOCUMENT INFORMATION

 Project number:                       21280

 Report prepared for:                  Noosa River Enterprises Pty Ltd As Trustee Under Instrument 708121382


DOCUMENT CONTROL

   Revision #                Date                   Prepared by                     Reviewed by                      Authorised by

       Draft               27/01/22               Jennah Whelan

       Draft               18/02/22                   Trish Belt

        Final              24/03/22                   Trish Belt                   Mick Sheppard                     Mick Sheppard

  Amendment                30/03/22                   Trish Belt                       Trish Belt                        Trish Belt



COMPANY DETAILS

 Project Urban Pty Ltd
 Suite 1 Corner Surf Road & Gardak Street
 ALEXANDRA HEADLAND QLD 4572
 Tel: 07 5443 2844
 Fax:
 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 2 of 30
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 222 Gympie Terrace, Noosaville Qld 45466

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 PROJECT URBAN – 21280                                                                                                                                            2022


TABLE OF CONTENTS

1.0      APPLICATION SUMMARY................................................................................................... 4
2.0      INTRODUCTION ................................................................................................................ 5
3.0      BACKGROUND .................................................................................................................. 6
  3.1      PRELODGEMENT MEETINGS ...................................................................................................................... 6
4.0      SITE DESCRIPTION ............................................................................................................. 8
  4.1      SUBJECT SITE ................................................................................................................................................ 8
  4.2      SUBJECT SITE FORESHORE ......................................................................................................................... 9
  4.3      WATERWAY STATUS & MARITIME AMENITY ........................................................................................ 10
5.0      PROPOSED DEVELOPMENT .............................................................................................. 13
  5.1      CURRENT BUILT FORM ............................................................................................................................. 14
  5.2      PROPOSED REDEVELOPMENT ................................................................................................................. 17
6.0      STATE PLANNING INTERESTS .......................................................................................... 20
  6.1      PLANNING REGULATION .......................................................................................................................... 20
  6.2      STATE PLANNING POLICY ........................................................................................................................ 20
  6.3      SCHEDULE 10 OF THE REGULATION ....................................................................................................... 20
  6.4      OWNER’S CONSENT .................................................................................................................................. 20
  6.5      REFERRAL .................................................................................................................................................... 21
  6.6      NATIVE TITLE REQUIREMENTS ................................................................................................................. 21
7.0      PLANNING SCHEME......................................................................................................... 22
  7.1      DEFINITION................................................................................................................................................. 22
  7.2      LEVEL OF ASSESSMENT............................................................................................................................. 22
  7.3      OVERLAYS ................................................................................................................................................... 22
  7.4      ZONE CODE ................................................................................................................................................ 23
  7.5      LOCAL PLAN CODE .................................................................................................................................... 24
  7.6      CODE ASSESSMENTS ................................................................................................................................ 25
8.0      CONCLUSION .................................................................................................................. 27


ATTACHMENT 1 – Planning Scheme Code Assessment prepared by Project Urban
ATTACHMENT 2 – Coastal Protection and Management Regulation (Prescribed Tidal Works Code
Assessment prepared by Project Urban




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PROJECT URBAN – 21280                                                                                   2022


1.0 APPLICATION SUMMARY

 SITE DETAILS

 Address                                  Jetty, 222 Gympie Terrace, Noosaville, Qld, 4566

 Real Property Description                Lot 160 on CP908649 Lands Lease

 Land Area (Seabed lease)                 1,656m²

 Local Authority                          Noosa Council

 Registered Lease Holder                  Noosa River Enterprises Pty Ltd As Trustee Under Instrument
                                          708121382

 Current Use                              Landing

 PLANNING SCHEME DESIGNATIONS

 Planning Scheme                          Noosa Plan 2020

 Local Plan Code                          Noosaville

 Zone / Precinct                          Recreation and Open Space

 Overlays                                 •    Acid Sulfate Soils;
                                          •    Flood Hazard Extents; and
                                          •    Riparian Buffer Area.

 APPLICATION DETAILS

 Applicant                                Noosa River Enterprises Pty Ltd As Trustee Under Instrument
                                          708121382

 Application Type                         Development Permit for Material Change of Use (Landing) &
                                          Operational Works (Prescribed Tidal Works)

 Proposal                                 Boat Hire Refurbishment

 Level of Assessment                      Material Change of Use – Impact Assessable
                                          Operational Works (Prescribed Tidal Works) – Code Assessable

 Referrals                                •    Tidal Works in a Coastal Management District
                                          •    Qld Fire & Emergency Service (more than 6 vessels)


 PROJECT TEAM

 Town Planning                            Project Urban

 Structural Engineering                   Crichton EDGE Consulting Engineers
 Proposal Plans & Contractor              The Jetty Specialist
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 PROJECT URBAN – 21280                                                                         2022


2.0 INTRODUCTION

This Development Assessment Report has been prepared to support a Development Application
for Material Change of Use for a Landing and associated Operational Works on behalf of The Jetty
Specialist.

The subject site is situated adjacent to 222 Gympie Terrace, Noosaville, Qld, 4566. The parcel is a
lands lease predominantly within the waterway (Noosa River) and is described as Lot 160 on
CP908649.

Under the Noosa Plan 2020, the site is included within the Recreation and Open Space Zone. The
Material Change of Use component of the proposal is subject to Impact Assessment, whilst the
Operational Works (Prescribed Tidal Works) component is Code Assessable.

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

This report should be read in conjunction with the accompanying covering letter, Development
Application forms & Proposal Plans.




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3.0 BACKGROUND

3.1 PRELODGEMENT MEETINGS

A pre-lodgement meeting was held with Council staff on 28 July 2021 (PLM21/0042) to discuss the
principle of redeveloping the existing jetty at 222 Gympie Terrace, Noosaville. The proposal
discussed at the meeting was for an impact assessable landing. The key points raised in the pre-
lodgement meeting are summarized in the table below. The table also explains how the proposed
development has responded to each of the key issued raised by Council.

  ITEMS FROM PLM NOTES                                APPLICANT RESPONSES
  KERRI COYLE, MANAGER DEVELOPMENT ASSESSMENT
  1.The Noosa Plan 2020 supports the continuation The business operates from an existing seabed
  of marine facilities on the Noosa River but it does lease area with 31 vessels. No extension of the
  not support any increases in the overall scale and seabed lease is proposed. The redevelopment
  intensity of commercial operations in order to will allow all vessels to be moored securely within
  protect the river.                                  the seabed lease boundaries as required. The
                                                      proposed plans confirm the vessel total number
                                                      and breakdown of each type.
  2.Therefore any application will need to No increase in the number of vessels currently
  demonstrate that no increase is proposed in terms owned by the business operator are proposed.
  of number of vessels and craft in association with
  the proposed redevelopment.
  3. In this regard the following is noted:                We agree that the previous approval of January,
  3.1. Council’s records do not include any approval       2012 has lapsed.
  for 32 vessels.
  3.2. The Operational Works approval of January           The proposed redevelopment will allow the
  2012 was for works to be carried out, did not            vessels to be moored within the boundaries of
  include approval for boat numbers and has lapsed         the existing seabed lease as required by both
  in any event.                                            Dept of Natural Resources and Council. Currently
  3.3. Aerial photos of the area and inspections           there are insufficient mooring options at the
  suggests that vessels are regularly located outside      subject site to keep the vessels suitably tethered.
  the lease area.                                          The redevelopment will allow the vessels to be
                                                           kept with the lease boundaries.
  4. The state lease and the Noosa Plan 2020 both          The redevelopment will allow the current number
  require activities to be fully within the lease area.    of vessels to be suitably moored within the
                                                           boundaries of the existing seabed lease.
  5. The application will need to demonstrate that         The location of the berthing space at the very
  there is sufficient space between the proposed           end of the proposed redevelopment (where the
  pontoons and the northern lease boundary for             fuel facility is positioned) allows for vessels up to
  vessels to moor/berth fully within the lease area        3.5m in width and 9m in length. This is
  when fuelling. The current setback does not              confirmed on the vessel mooring plan (Drawing
  appear sufficient and it is not acceptable for           No 34680-05) included in the proposed plans.
  vessels to be outside the lease area when fuelling.      This plan also shows the details of the hire
  For example service stations are not permitted to        vessels (with a maximum width of 2.8m) in width
  have vehicles park in the road reserve outside their     owned by the operator.
  property boundary to fuel. Some consideration
  though may be given to the ferry given it plays a
  public transport role to an extent.
  6. The application will need to include                  The vessel mooring plan (Drawing No 34680-05)
  6.1. A written description of all proposed               is included in the proposed plans for the
  vessels/craft (size and type) that are proposed.         redevelopment and provides details of all hire
  6.2. a plan with dimensions detailing all                vessels including dimensions.
  vessels/size of vessels proposed to be
  moored/berthed,          setdown       area      for
  passengers/boats etc.

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PROJECT URBAN – 21280                                                                                       2022

 6.3. a plan of the existing jetty to demonstrate the     Figure 17 of this report shows nearly all of the
 number of vessels that can be currently                  vessels moored at the existing facility.
 reasonably moored/berthed in the lease area.             Approximately 21 vessels could be currently
                                                          moored in a secure way at the existing structure.
                                                          As the redevelopment of the facility is
                                                          predominantly the left side of the existing
                                                          structure, this will allow for the secure mooring of
                                                          and access to the full quota of 31 vessels.
                                                          A vessel may be moored to the existing jetty
                                                          however this is NOT the preferred, best or safest
                                                          mooring option. This is explained further in this
                                                          report.



 7. An application for a Material Change of Use for       A material change of use for a landing is included
 a Landing is required as the proposed changes are        in this application.
 not minor and are a significant expansion.
 MARK LEWIS – COORDINATOR ENGINEERING
 1. The location of the existing structures in relation   A survey has been carried out on the existing
 to the lease area boundary is critical in                structure and provided as part of the application
 determining the available space for new structures       documents.
 and moorings. It is recommended
 that a survey be undertaken by a suitably qualified
 person to redefine the lease boundaries and
 determine the setback distances to the various
 existing structures. A copy of the survey must be
 submitted as part of the application material.




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4.0 SITE DESCRIPTION

4.1 SUBJECT SITE

The subject site is situated at 222 Gympie Terrace, Noosaville and described as Lot 160 on
CP908649. The site is within a lands lease lot which has an area of 1,656m² and is currently occupied
by Noosa River Enterprises Pty Ltd as Trustee Under Instrument 708121382 trading as O Boat Hire.
The site’s location and context are illustrated in the figures below:




                    Subject Site




               Figure 1 – Location of site in context with surrounding land – Google Maps (Accessed October 2021)




                    Subject Site




                             Figure 2 – Aerial Image of the Site – Nearmap (Accessed October 2021)

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 PROJECT URBAN – 21280                                                                                           2022

4.2 SUBJECT SITE FORESHORE


The subject site is on the southern bank of the Noosa River and surrounded by similar waterway
development and public reserve land use (see Figure 3 below). Access to the existing landing on
the site is through Ely Park beside the Noosa Riverside Tennis Courts. Immediately west (upstream)
is a timber jetty adjacent to Peter Park along with a public boat ramp and pontoon facility. Directly
east (downstream) is the Ely Park public jetty.




                                Figure 3 – Aerial Image of the Site – Nearmap (November, 2021)

                    Figure 4 – Access to the existing landing from the park (Source: The Jetty Specialist)




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    Figure 5 – Looking downstream with Ely Park public jetty in the foreground on the right (Source: The Jetty Specialist)




              Figure 6 – The upstream Peter Park public boat ramp and pontoon (Source: Nearmap Nov 2021)




4.3 WATERWAY STATUS & MARITIME AMENITY


The Qld Govt DA Mapping System identifies the property as being within a developed marina
area with the waters of the Noosa River being within a high risk maritime development zone
including the entire lease area, slightly beyond on the downstream and back to the high water


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 PROJECT URBAN – 21280                                                                                            2022

mark. The navigation corridor (shown by the blue colour in Figure 7) extends beyond the lease
area into the River and to each side.




              Figure 7 – Waterway Status & Navigation Corridor (Source: Qld Govt DA Mapping System 2022)

This area of the Noosa River is home to a variety of commercial water-based operations. The
dimensions and nature of the proposed redevelopment are not only in keeping with this amenity
of the River but also compliant with the conditions of the lease use. The amenity of the river in this
area is shown below in Figures 8 and 9 below.




            Jetty 17 Boat & Kayak Hire




                                                                                  Noosa Boat Hire



           Figure 8 – Similar maritime development & use downstream (Source: Nearmap accessed March, 2022)



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PROJECT URBAN – 21280                                                                                            2022




            Figure 9 – Similar maritime development & use upstream (Source: Nearmap accessed March, 2022)




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 PROJECT URBAN – 21280                                                                                     2022


5.0 PROPOSED DEVELOPMENT

This application seeks approval for a Development Application for Material Change of Use for a
Landing and associated Operational Works, to be established in accordance with the accompanying
proposal plans. Modifications to the existing landing are required in order to facilitate safer access
to, and use of, existing hire vessels. As Council would be aware and as demonstrated by the
Nearmap image below, a number of vessels are inaccessible from the existing landings. Additional
pontoon fingers are required to allow for the securing of, and access to, the vessels owned by O
Boat Hire.




                            Figure 10 – Aerial Image of the Site – Nearmap (Accessed February 2022)

The applicant is aware that parts of some of the vessels occasionally extend outside of the lease
area and acknowledges that this conflicts with the site’s state lease conditions of use and the Noosa
Plan 2020. Accordingly, the applicant has approached Project Urban to facilitate redevelopment of
the landing that will guarantee all existing vessels are contained within the approved lease area
and therefore comply with the conditions of use.

Importantly, it should be noted that the proposed development does not result in any increase in
the intensity and scale of the existing use. The redevelopment will be contained within the
boundaries of the existing lease area. In addition, the existing landing supports 14 runabouts, 15
pontoon boats, 1 fishing charter and 1 rescue vessel; a total of 31 vessels (already owned by the
operator) and these numbers will remain unchanged within the redevelopment.

As demonstrated by the proposal plans the existing landing is to be modified, with new pontoon
fingers provided for the O Boat Hire facility on Gympie Terrace in Noosaville.


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 PROJECT URBAN – 21280                                                                                                           2022

5.1 CURRENT BUILT FORM


The existing structure is a combination of fixed timber walkways and jetty head, pontoon fingers
and hinged access walkways. The survey of the location of the structure is included with the
application documents.

The central timber jetty access extends out to the jetty head where a fuel facility is positioned on
the deck. Extending to the right (downstream) of the jetty head is a small, hinged walkway leading
down onto a floating pontoon finger.




                                Figure 11 – Central timber jetty access (Source: The Jetty Specialist)




           Figure 12 – Jetty head (left image) and downstream pontoon finger (right image) (Source: The Jetty Specialist)

From the original approach from the land onto the central access jetty, a small hinged walkway on
the right leads down to a U-shaped pontoon finger arrangement.
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PROJECT URBAN – 21280                                                                                                     2022




             Figure 13 – Right side access (downstream) walkway and pontoon fingers (Source: The Jetty Specialist)




                   Figure 14 – Right side access (downstream) pontoon fingers (Source: The Jetty Specialist)




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 PROJECT URBAN – 21280                                                                                                    2022

From the original approach from the land onto the central access jetty, a small hinged walkway on
the left leads down to a pontoon finger arrangement on the upstream side.




                 Figure 15 – Left side access (upstream) walkway and pontoon finger (Source: The Jetty Specialist)

Currently, vessels are generally “rafted” together (moored side-by-side) for securing to the fingers.
Direct access for customers is only available to those vessels immediately beside a finger pontoon.

Other vessels are tied to the central access jetty with ropes and pulled into the jetty for access by
customers/passengers. This is not always a safe arrangement as the vessel deck lowers with the
outgoing tide creating a large step down from jetty deck to vessel deck.




                            Figure 16 – Left side (upstream) tied mooring (Source: The Jetty Specialist)


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 PROJECT URBAN – 21280                                                                                2022

The existing mooring arrangement for the facility is shown below. This image is taken from 2020
showing almost the full quota of 31 vessels. No additional vessels (beyond 31) are proposed for
the facility.




                               Figure 17 – Existing mooring arrangement (Source: Nearmap 2020)

5.2 PROPOSED REDEVELOPMENT

The proposed works will commence with the removal of some of the existing built form. Figure 18
below (included in the plans for development) shows the demolition required.

The existing jetty head will be reduced in size to the width of the access walkway with the existing
fuel bowser to remain in place. Each side portion of the jetty head will be demolished along with
the downstream floating pontoon finger, its support piles and hinged walkway. In addition, the
left, or upstream hinged walkway, and its floating pontoon finger and piles will be removed.

The downstream inner hinged walkway and U-shaped floating finger pontoons and piles will
remain in place.

The proposed redevelopment will include:-

    1. New floating pontoon finger across the jetty head including hinged walkways down off the
       jetty head;

    2. New floating pontoon finger towards upstream from the middle of the central access jetty
       including hinged access walkway; and

    3. New floating pontoon finger towards upstream from the beginning of the central access
       jetty including hinged access walkway.




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 PROJECT URBAN – 21280                                                                                                   2022




               Figure 18 – Notations showing built form to be demolished & removed (Source: The Jetty Specialist)

Figure 19 shows the proposed redevelopment works.




                            Figure 19 – Proposed redevelopment works (Source: The Jetty Specialist)

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 PROJECT URBAN – 21280                                                                          2022

The proposed works will allow for all current hire vessels to be secured safely within the lease area
and increase the safe accessibility for vessel users/passengers and business operator.

The breakdown of vessel types and numbers are provided in the table in Figure 19 and an overlay
of the proposed redevelopment is provided in the plans attached to this application.




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 PROJECT URBAN – 21280                                                                            2022


6.0 STATE PLANNING INTERESTS

6.1 PLANNING REGULATION

The Planning Regulation 2017 (the Regulation) prescribes Assessment Benchmarks that the
application must be carried out against, which are additional or alternative to the Assessment
Benchmarks contained in the local planning instruments.

These Assessment Benchmarks are prescribed as being contained in:

    •    Part E of the State Planning Policy, to the extent it is not appropriately integrated into the
         Planning Scheme;
    •    Coastal Protection and Management Regulation Schedule 3; and
    •    Schedule 10 of the Regulation.

An assessment of the relevant provisions contained in the above planning instruments and
schedules of the Regulation are provided in the following sections of this report.

6.2 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 2020 appropriately reflects the State Planning Policy (SPP) dated July 2017.

6.3 SCHEDULE 10 OF THE REGULATION

The State Development Assessment Provisions (SDAP) set out the matters of interest to the State
for development assessment, where the State Assessment and Referral Agency (SARA) is
responsible for assessing or deciding development applications as assessment manager or as a
referral agency.

An assessment against these codes has been undertaken and will be sent to SARA as part of the
referral process.

The SDAP provisions are not applied by local government in the assessment of development
applications.

6.4 OWNER’S CONSENT

Under Division 2 Item 51 of the Planning Act 2016, owner’s consent is required to support an
application for work on land below High Water Mark (HWM) and outside a canal. In this instance,
the Department of Natural Resources has issued owner’s consent dated 13 January, 2022. A copy
of this letter is included in the application documents. By granting owner’s consent the Department
has agreed that the proposal occupies an acceptable amount of state land and is in keeping with
the intended use of the leased area.
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6.5 REFERRAL


Referral to the State Assessment and Referral Agency (SARA) is triggered under Part 17, Division
3, Tables 1 and 2 of the Planning Regulation 2017 for Assessable development under s28 in tidal
waters.

Referral to Queensland Fire and Emergency Service is triggered under Part 17, Division 3, Table 4
of the Planning Regulation 2017 for Assessable Development involving a Marina (greater than 6
vessels) – advice only.

6.6 NATIVE TITLE REQUIREMENTS

The responsibility for notification to Native Title parties usually lies with Council as the Assessment
Manager. Cultural Heritage matters need to be considered during installation of the proposed
structure.




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 PROJECT URBAN – 21280                                                                                 2022


7.0 PLANNING SCHEME

Under the Noosa Plan 2020, the site is included within the Recreation and Open Space Zone. An
assessment of the applicable provisions of the Planning Scheme has been undertaken below.

7.1 DEFINITION


The proposed development is defined under the Planning Scheme as:

         “ Landing means – the use of premises for a structure—
         a) for mooring, launching, storing and retrieving vessels; and
         b) from which passengers embark and disembark.”

Comment: The proposed development will be established in accordance with the above definition.

7.2 LEVEL OF ASSESSMENT


In accordance with Part 5 Tables of Assessment, Table 5.5.16 Recreation and Open Space Zone of
the Noosa Plan 2020, a Material Change of Use application for a “landing” is Impact Assessable
within the Recreation and Open Space Zone.

The Operational Works (Prescribed Tidal Works) is code assessable development located within a
local government tidal area where the local government (Noosa Council) is the Assessment
Manager. Part 17, Division 2, Table 1 of the Planning Regulation 2017 confirms that the assessment
benchmark is schedule 3 of the Coastal Protection and Management Regulation.


7.3 OVERLAYS
The Overlays in the Noosa Plan that affect the site are discussed below.

  Overlay                                                  Comment
  Acid Sulfate Soils
                                                           The proposed landing is located outside of the
                                                           areas of the site mapped as part of Acid sulfate
                                                           soils overlay. No assessment against the Code is
                                                           therefore required.




  Riparian Buffer

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PROJECT URBAN – 21280                                                                                   2022

  Overlay                                                 Comment
                                                          The proposal is for modifications to an existing
                                                          landing. In accordance with the requirements of
                                                          the Biodiversity, Waterways and Wetlands Overlay
                                                          Code the proposed work will be undertaken with
                                                          the existing lease area which does not contain any
                                                          vegetation of ecological value. On this basis, the
                                                          proposal will have any adverse impacts on riparian
                                                          vegetation and is therefore considered to comply
                                                          with the relevant requirements of the Overlay
                                                          Code.




  Flood Hazard
                                                          The proposal is for modifications to an existing
                                                          landing and will be designed to move with the
                                                          changes in tides. This design approach together
                                                          with the closure of the business during flood
                                                          events will minimise the risk to people and
                                                          property during flood event and the proposal is
                                                          therefore considered to satisfy the relevant
                                                          requirements of the Flood Hazard Code and no
                                                          further assessment has been undertaken.




7.4 ZONE CODE


The site is included within the Recreation and Open Space Zone. The Purpose and Overall
Outcomes of the Recreation and Open Space Zone Code are discussed below.

  Purpose and overall outcomes                            Comment
  1. The purpose of the recreation and open space         Complies: The proposed development will
     zone is to provide for:-                             improve existing leisure operations with the Zone.
     a. a variety of cultural, educational, leisure,
          recreation and sporting uses and activities,
          including, for example:
          i. parks, playgrounds or playing fields for
              the use of residents and visitors; and
         ii. parks, or other areas, for the
              conservation of natural areas; and
     b. facilities and infrastructure to support the
          uses and activities stated in paragraph (a).

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 PROJECT URBAN – 21280                                                                                     2022

  Purpose and overall outcomes                             Comment
  2. The overall outcomes sought for the Recreation        Complies: The proposal seeks to improve an
     and Open Space zone are as follows:-                  existing leisure service used by the Noosa
     a. Development provides for the open space,           community and tourists.
         recreation, leisure and sporting needs of
         the Noosa Shire Community;
     d. Development is of a scale and intensity            Complies: The proposed development will not
         appropriate to the location, existing             increase the scale and intensity of the existing use
         infrastructure, access and provision of           and will simply create a safer and more efficient
         public transport;                                 layout that will improve the operations of O Boats
                                                           who operate from the site. The proposed works will
                                                           occur within the existing Lands lease area.
       f. Open space is protected from the intrusion       Complies: The existing use is entirely consistent
          of     incompatible     uses    that    may      with the purpose of the zone.
          compromise or conflict with the primary
          use of the zone for low intensity recreation
          activities;
       g. Development is low scale and low impact          Complies: The proposed development will not
          and does not negatively impact on the            alter the scale and intensity of the existing use
          supply, quality or enjoyment of open space       which is already a well-established part of the
          for the Noosa Shire community;                   character of the local area.
       r. Development does not adversely impact            Complies: The proposed development will not
          on the Shire’s environmental values or           adversely impact on the environmental values of
          reduce the quality of recreational               the Noosa River and will improve the quality of
          experiences provided by land or waterways        experience for customers using the landing facility.
          within this zone;
       s. Adverse impacts on ecologically important        Complies: The proposed development will have no
          areas, including natural habitats, bushland,     adverse impact on ecologically important areas.
          wetlands and waterways are avoided or
          minimised;


A detailed assessment of the proposal against the relevant Performance and Acceptable Outcomes
in the Code has been undertaken and is included in Attachment 1. The assessment concludes that
the proposal is entirely consistent with the relevant Performance and Acceptable Outcomes in the
Code.



7.5 LOCAL PLAN CODE


The site is included within the Noosaville Local Plan. The Purpose and relevant Overall Outcomes
in the Noosaville Local Plan Code are:

  Purpose and Overall outcomes                             Comment
  Development in the local plan area is sited and          Complies: The proposed development will
  designed to retain the key natural environment,          improve the existing built form and its
  landscape and built form elements, including             functionality. The development will improve the
  significant views and vistas to external elements        amenity of the foreshore of the Noosa River at this
  that contribute to the setting, character and identity   location.
  of the Noosaville local plan area including:
        i)   The Noosa River, its foreshore parkland
             and riparian qualities;
        ii) Native vegetation, particularly adjoining
             watercourses;
        iii) Keyser Island and Weyba Creed
             Conservation parks;
 Development Assessment Report                                                                        Page 24 of 30
 Material Change of Use and associated Operational Works
 222 Gympie Terrace, Noosaville Qld 45466

Page 25

 PROJECT URBAN – 21280                                                                                       2022

  Purpose and Overall outcomes                             Comment
        iv) Lake Doonella;
        v) Weyba Creek;
        vi) Wallace Park;
        vii) Lake Doonella Bushland Reserve;
        viii) Noosa National Park, Noosa Headlands,
              the secondary dune system, Lake Weyba
              and Noosa North Shore.
  The Noosaville local plan area maintains its roles for   Complies: The proposed development will
  both the provision of much of the commercial,            continue to offer boat hire services to both local
  retail, administrative, industrial and social needs of   and tourists.
  the coastal urban portion of Noosa Shire and as a
  major focus area for visitor accommodation and
  services.
  Development ensures permanent residents of               Complies: The proposed development will
  Noosaville enjoy high levels of residential amenity      continue to offer boat hire services to residents of
  and accessibility to urban services and recreational     Noosaville for recreation.
  opportunities.
  Strong visual and pedestrian linkages to the Noosa       Complies: The proposed development will not
  River foreshore and surrounding areas are                impact visual of pedestrian linkages to the Noosa
  protected.                                               River foreshore.
  Noosa River foreshore adjacent to Gympie Terrace         Complies: The proposed development will
  is retained as an important recreational space for       improve the existing facilities at the site and will
  the local community and visitors. Development or         improve safety and efficiency of the existing boat
  operational works maintains it as an idyllic place for   hire business. As a result, it will help to improve the
  passive recreation, walking, dog exercise and access     accessibility of the Noosa River to both locals and
  to the Noosa River including ferry stops.                visitors.
  Existing businesses on Noosa River foreshore             Complies: The business currently operates within
  operate only from commercial jetty lease areas           lands lease area and the new facility will continue
  providing watercraft for hire, tour services and         to be contained within this area.
  limited ancillary offerings to the community.
  Slipway services are maintained within the life of
  any current lease.
  Key areas of vegetation on both private and public       Complies: The proposed development will not
  lands are protected for landscape and habitat            require the disturbance or removal of any
  values.                                                  vegetation – terrestrial or marine.


A detailed assessment of the proposal against the relevant Performance and Acceptable Outcomes
in the Code has been undertaken and is included in Attachment 1. The assessment concludes that
the proposal is entirely consistent with the relevant Performance and Acceptable Outcomes in the
Code.

7.6 CODE ASSESSMENTS


Material Change of Use - In accordance with Table 5.5.16 Recreation and Open Space Zone, the
proposal must be assessed against the relevant sections within the Planning Scheme as a whole.
Based on a review of the Planning Scheme it is considered that the following Codes are the most
applicable to the assessment of the proposed development:

    •    Noosaville Local Plan Code;
    •    Recreation and Open Space Zone Code; and
    •    Waterways Works Code.

Comment: Both the Local Plan and Zone Codes have been discussed in sections 6.4 and 6.5 above.

 Development Assessment Report                                                                          Page 25 of 30
 Material Change of Use and associated Operational Works
 222 Gympie Terrace, Noosaville Qld 45466

Page 26

 PROJECT URBAN – 21280                                                                     2022



Operational Works (Prescribed Tidal Works) – In accordance with Table 5.8.4 Operational Work in
Watercourses, the following Codes are applicable to the proposed development (being outside the
Noosa Waters Estate watercourse):

    •    Noosaville Local Plan Code;
    •    Recreation and Open Space Zone Code;
    •    Waterways Works Code; and
    •    Coastal Protection and Management Regulation 17.

Comment: As mentioned above, both the Local Plan and Zone Codes have been discussed in
sections 6.4 and 6.5 above. In addition, a detailed assessment of the proposal against the
Waterways Code has also been undertaken and is included in Attachment 1. This assessment
concludes that that the development complies with the relevant requirements of this Code.

Finally, the proposal has also been assessed against the Coastal Protection and Management
Regulation 17 and this is included in Attachment 2. The detailed assessment demonstrates the
proposed works also satisfy the relevant requirements of this regulation.




 Development Assessment Report                                                        Page 26 of 30
 Material Change of Use and associated Operational Works
 222 Gympie Terrace, Noosaville Qld 45466

Page 27

 PROJECT URBAN – 21280                                                                           2022


8.0 CONCLUSION

This Development Assessment Report has been prepared on behalf of The Jetty Specialist to
support a Development Application for Material Change of Use for a Landing and associated
Operational Works (Prescribed Tidal Works) in respect of land at 222 Gympie Terrace, Noosaville
and described as Lot 160 on CP908649.

The site is included in the Noosaville Local Plan and within the Recreation and Open Space Zone in
the current Noosa Plan 2020.

This report demonstrates the proposal’s compliance with the applicable State and local planning
provisions, including the following grounds:

    •    The proposal fully complies with requirements of the Prescribed Tidal Works Code and
         Council’s Codes for development;

    •    The proposal is fully within the existing lease area and is consistent with the approved use
         of the lease area;

    •    The proposal does not include the purchase of additional vessels i.e. the proposed
         refurbishment is for the correct mooring and access to the current number of vessels owned
         by the facility;

    •    The proposal does not involve any disturbance to vegetation;

    •    The design will improve the amenity of the existing business operation on the River;

    •    The design will improve the securing of vessels on the River and the safe access to these
         vessels by locals, tourists and operator; and

    •    The design of the structure is relevant to the proposed use.

For these reasons, it is considered that the approval of the proposed Landing is warranted subject
to reasonable and relevant conditions.




 Development Assessment Report                                                              Page 27 of 30
 Material Change of Use and associated Operational Works
 222 Gympie Terrace, Noosaville Qld 45466

Page 28

ATTACHMENT 1

 

(PLANNING SCHEME CODE ASSESSMENT)
PREPARED BY (PROJECT URBAN)

Page 29

ATTACHMENT 2

 

(PRESCRIBED TIDAL WORKS CODE ASSESSMENT)
PREPARED BY (PROJECT URBAN)

Page 30

PROJECTURBAN.COM.AU

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