2016-09-06 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               6 SEPTEMBER 2016


RECOMMENDATION
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 6 September 2016 regarding application OPW16/0016 for a
Development Permit Operational Works – Prescribed Tidal Works (Deck) and refuse the
application for the following reasons:
1.    The proposed deck does not comply with Overall Outcome and Specific Outcomes of the
      Noosa Plan’s Watercourses Works Code;
2.    The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the Coastal
      Protection and Management Regulation 2003 and does not comply with Specific Outcomes
      of the IDAS Code of the Coastal Protection and Regulation 2003;
3.    The proposed development will reduce the marine uses of the site and intensify the
      commercial uses by increasing the available deck areas within the marina; and
4.    The proposed deck adds a substantial area and additional built form on the Noosa River, is
      likely to increase traffic volumes on adjoining lands and there are insufficient parking
      facilities available in the area.


REPORT
1.    PROPOSAL
This application seeks approval to construct a deck at the Noosa Marina. The proposed works
consist of removing the existing floating structure adjacent to the northern side of Noosa Marina
and replacing it with a deck structure that extends from the existing buildings across to the
boundary of the lease area. The existing floating structure is approximately 2m wide x 45m long
and its purpose is to provide access to moored vessels (refer Attachment 1). The proposed
structure ranges from 6m up to 7.8m in width and is 58.87m long overall (refer Attachment 2).
The applicant in their application material states “The proposed works will provide improved
facilities for existing site uses” and in their response to an item in Council’s information request
states “Approval of the deck as prescribed tidal works does not convey any additional
commercial use rights or activity. While it is agreed that the deck will replace an existing pontoon,
the pontoon does not get used as the area is in need of constant dredging and is unviable as a
mooring as the flow of water from Doonella Lake and the bend in the river leads to continual
deposits of sand. The water is just too shallow to moor boats during all tide levels. That being
said the deck is consistent with the existing use rights for marine facility purposes and will
complement the existing and permitted site activities, irrespective of Council’s perception that it
reduces the amount of ‘marine’ activity.”
The proposed structure has been designed by a marina consultant (International Marina
Consultants) and has been certified by an RPEQ (Registered Professional Engineer of
Queensland). The design is in accordance with the relevant structural requirements for both the
Noosa Plan Watercourses Works Code and the IDAS Code of the Coastal Protection and
Management Regulation 2003.
Council’s concerns relate to the scale of the proposed deck and the potential use of the proposed
deck area.
In regard to the IDAS Code of the Coastal Protection and Management Regulation 2003
Purpose of the Code
The purpose of the code is to ensure prescribed tidal work for which it applies –
(a) Is compatible with the character and amenity of its surrounding area
...and...
(d) Is adequately serviced with infrastructure, including, for example, infrastructure for the
      supply of water or the discharge of sewage;

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