2019-11-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                                12 NOVEMBER 2019


6                        OPW17/0150.01 - PLANNING & ENVIRONMENT COURT APPEAL NO D186 OF 2019 -
                         REFUSAL OF APPLICATION FOR OPERATIONAL WORKS - PRESCRIBED TIDAL
                         WORKS - EXTENSION TO EXISTING JETTY AT 180 GYMPIE TERRACE, NOOSAVILLE
DOCUMENT INFORM AT ION




Author                               Acting Manager Development Assessment, Patrick Murphy
                                     Environment & Sustainable Development Department

Index                                ECM/ Application/ OPW17/0150.01 / Case/ Pelican Noosa Pty Ltd TTE

Attachments                          Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 November 2019 regarding Planning & Environment
Court Appeal No. D186 of 2019 and agree to defend the appeal.


REPORT
On 19 September 2019 Council at an Ordinary Meeting resolved to refuse an application to
develop 180 Gympie Terrace, Noosaville with an extension to an existing jetty for the following
reasons:
1.                       The proposed works do not represent a minor change to the development approval
                         because the change results in a substantially different development as it extends the use
                         beyond the boundary of the lease and therefore results in the application applying to a new
                         parcel of land.
2.                       The proposed works will result in a commercial activity outside the existing commercial
                         lease area and have the potential to increase the overall scale and intensity of commercial
                         operations contrary to the following provisions of the Noosaville Locality Code:
                         (i)    Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and foreshores from
                                the cumulative impacts of development;
                         (ii)   Specific Outcome O27(d) and (f), O28 and O29;
3.                       The proposed development is contrary to Specific Outcome O5 (a) and (b) of the Waterway
                         Works Code as the works are contained outside the boundaries of the existing lot and the
                         berthing of vessels encroaches over the boundaries of the lot.
4.                       The proposal is contrary to Schedule 3 of the Coastal Protection and Management
                         Regulation 2017 as certification that the completed works comply with the requirements of
                         the regulation has not been provided.
5.                       The proposal is contrary to Performance Outcomes P03 and P09 of the Waterways Works
                         Code of the draft New Noosa Plan whereby all commercial activities for a jetty are to be
                         confined to the commercial lease areas of the respective commercial operation.
Of note is that the application relates to works which were carried out contrary to the original
development approval.
As a result of Council’s decision to refuse the application, the applicant has now lodged an
appeal to the Planning & Environment Court. The applicant seeks that the development should
be approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.

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