Delegated Report - Code - Planning OPW21 0049 · OPW21/0049

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0049
Applicant	State of Queensland – Reserve For Park & Recreation under control of Council as Trustee
Proposal	Operational Works – Prescribed Tidal Works
Properly Made Date	17 February 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	9 June 2022
Report Completed Date	9 June 2022
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	Claude Batten Drive
RP Description	Lot 114 MCH 839107
Land Area	313000 m²
Existing Use of Land	Woodland on reclaimed sand

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Environmental Management and Conservation
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulphate Soils (Area 1); MSES Environmental Values; Area of Biodiversity Significance; Riparian Buffer; Landslide Area (moderate) – minor and scattered; Flood Hazard;  Local Government Infrastructure Plan (Recreation Park, R# - Future Projects Shire Wide)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Prescribed Tidal Works.
The locality and proposal plan are included below.

Figure 1 – Proposed Works

Figure 2 – Matters of State Environmental Significance Map

Figure 3 – Vegetation Communities and Habitat Features Plan

site details
Background
The subject application seeks approval for dredging sand from the mouth of the Noosa River for nourishment of adjacent Noosa Spit (i.e. Dog Beach) and so stabilise this eroding shoreline.
The submitted Environmental Assessment Report notes that the “Noosa Spit at Dog Beach is narrowing and is at risk of a breakthrough, primarily driven by channel migration processes. (…) The rate of shoreline recession through the middle section has increased and the channel adjacent to Dog Beach is now commonly used by recreational and commercial vessels.
The importance of maintaining The Spit and avoiding a breakthrough is primarily related to protecting existing development within Noosa Sound and the back of Hastings Street”
The same report mentions that a number of design options were investigated but “it was determined that the preferred design involved placing sand plugs at either end of Dog Beach. This involves using a small cutter suction dredge and slurry pipeline to relocate sand from the adjacent Noosa River estuary to the two locations. Approximately 85,000m3 of sand would be needed to form the two plugs and nourish the shoreline.”
The preferred option is said not only to relieve erosion pressure at the Dog Beach shoreline but to promote the development of a central channel which will redirect boat traffic away from the Dog Beach Channel, providing a safer environment for swimmers.
The applicant has provided an Environmental Assessment Report which includes information on: Matters of State Environmental Significance (Fish Habitat Area; Marine Plants; and Protected Wildlife); assessment of potential impacts (e.g. Marine and intertidal Habitat; Water quality; ASS; Coastal processes; Noise; Lighting; Interactions between dredge plant and marine fauna; Maritime Safety)
Site Description

Surrounding Land Uses

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Waterways Works Codes
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department has responded by approving an environmental authority under section 115 of the Environmental Protection Act 1994, subject to conditions also provide by the Department.
Internal Council Referrals
Not applicable
conclusion & reasons for decision
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.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW21/0049 for Operational Works – Prescribed Tidal Works, described as Lot 114 MCH 839107, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0049
Street address:	Claude Batten Drive
Real property description:	Lot 114 MCH 839107
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Prescribed Tidal Works
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager 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
A10342-02-02	C	General Arrangement Prepared by BMT	26/05/2022
A10342-02-03	A	Typical Sections and Volumes Prepared by BMT	29/01/2022
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 9 June 2026, unless an application to extend the currency period is approved by Council.
General Conditions
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.
All works must be undertaken in accordance with the conditions within SARA’s response reference No. 2103-21744 SRA & 2204-28271 SRA.
All works and structures associated with the works must be constructed wholly within the approved area.
Lighting associated with the use must be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
Safe pedestrian, vehicle and vessel access in the vicinity of the works must be maintained at all times.
The approval or conditions do not constitute a ruling on structural safety and the Applicant must make their own arrangements to ensure adequacy of design and work. Also, any approval granted does not warrant that such plans and specifications have been checked in detail, nor does it absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statutes and/or statutory regulations in the execution and/or performance of said works. The Council does not accept any responsibility for the accuracy of such plans and specifications as approved.
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, are structurally sound and will have no detrimental affect on the river banks.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Planning Regulation 2017 Schedule 10: - Part 5 – Environmentally Relevant Activities; - Part 6 – Fisheries; - Part 17 – Tidal Works or Work in a Coastal Management District.	The agency provided its response on 19/04/2022 (Reference No. 2103-21744 SRA & 2204-28271 SRA). A copy of the response is attached

Advisory notes
ADVISORY NOTES:
General Advisory Notes
The approval or conditions do not absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statues and/or statutory regulations in the execution and/or performance of said works.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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Regulated Vegetation - Intersecting a Watercourse
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Vegetation Communities and Habitat Features of the Study Site

Mangroves

fahmarsh and mangroves Dune woodland

LEGEND
Highest astronomical tide line (2013, DNRME)

Mean high water springs tidal line (but more like
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Aerial image: 6 August 2020 © Nearmap

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