2019-11-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                              12 NOVEMBER 2019


Previous Council Consideration
Ordinary Meeting, 19 September 2019, Item 2, Page 9
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 September 2019 regarding Application No. OPW17/0150.01 to
make a minor change to an existing approval for extension to an existing jetty situated at Jetty
180 Gympie Terrace, Noosaville and
A.   Refuse the change 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.
B.   Advise the applicant that the structure must be modified to comply with the Development
     Permit for Operational Works (OPW17/015) and approved plans within 6 months.
C.   Write to the Department of Natural Resources, Mines and Energy and request that the
     Department review the current commercial operations of Jetty 180 to ensure compliance
     with the current lease conditions.
D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Solicitor




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