Planning Report - Pres Tidal Works - Osco · OPW17/0024

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Background

On the 25 October 1951, the Marine Board issued approval for a ‘T’ shaped jetty extending 147 feet
(45m) into the Noosa River. The associated lease area was then established extending 45m into the
Noosa River (allowing boats to be moored outside of the lease area).

On the 5 November 1996, the associated lease was registered as a plan of survey for lot 20 on
CP907535. As part of the survey, the jetty structures were included and appear to show the current
site office and jetty structures.

On the 3 June 2015, the Department of Natural Resources and Mines issued a 30 year lease renewal
to the lease holder (Osco Finance Pty Ltd.) for the continued purpose as a ‘Marine Facility’.

On the 21 November 2016, a revised survey plan was submitted to the Department of Natural
Resources & Mines (DNRM) to extend the area of the existing term lease to cover a newly
constructed disabled access to the jetty facilities.

On the 9 December 2016, a prelodgement meeting was held with Council. The applicant has
amended the plans based on the outcomes of the meeting, which allow boats to be moored entirely
within the lease area boundaries.

A copy of the original approved plans (with dimensions) and the recently extended lease plan and
cover page is includes as Figures 3 & 4 below. A full copy of the State lease conditions are included
as Appendix 1.




Figure 3: 1951 Marine Board approval.




Figure 4. 1996 Plan of Survey (1,127m2), 2016 resurvey (including access changes, 1,159m2) and the 30 year lease plan.

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Proposal

The applicant proposes to repair and improve the existing marine facility by:
   • Renewing and widening the existing jetty structure from 1.165m to 1.8m metres wide to
       comply with current access standards and improve public access safety;
   • Installing a security gate and jetty handrail;
   • Reducing the length of the existing timber jetty and installing a new hinged aluminium
       walkway within the lease area;
   • Installing 4 ‘finger’ pontoons parallel to the shore to allow access to moored boats within the
       lease area.
   • Relocate the existing office and decking area currently located near the end of the existing
       jetty closer to the shore and entrance to the jetty (with no increase in the jetty/decking use
       areas);
   • Construct a new 5.3m x 2.3m (12m2) x 2.4m high ‘storage’ building on the southern side of
       the new walkway;
   • Removing all existing unused pilings and pontoons within the lease area; and
   • Maintenance dredging works for approximately the first 15 metres from the Low Water Line to
       comply with lease conditions and safely utilise this area without regular dredging.

Figure 5 shows the proposed new lease areas and new jetty works, with a full list of drawings
included as Appendix 2.




Figure 5. Proposed Site Plan with existing structures to be removed/relocated in red.

The applicant has identified these maintenance and alteration for the existing structures and works
within the leased area necessary so as to comply with current anti-discrimination standards, building
codes, comply with the State lease conditions, be accepted by insurers and better accommodate the
boats at the marine facility.

Referral Agencies

In accordance with the Sustainable Planning Regulations 2009, the following State Departments are
required to be referred the application for concurrence assessment agency;

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    -   Department of Agriculture, Forestry & Fisheries (DAFF)
           o Schedule 7, Table 2, Item 25— Works or other development in a fish habitat area
           o Schedule 7, Table 2, Item 26— Works or other development in a fish habitat area
           o Schedule 7, Table 2, Item 30— Removal, destruction or damage of marine plants

    -   Department of Environment & Heritage Protection (DEHP)
           o Schedule 7, Table 2, Item 13—Tidal works, or development in a coastal management
               district

    -   Department of Transport & Main Roads (Maritime Safety Queensland (MSQ))
           o Schedule 7, Table 2, Item 15—Tidal works, or development in a coastal management
               district

On the 13 January 2016, the Department of Infrastructure, Local Government and Planning (DILPG)
provided prelodgement advice for the proposed prescribed tidal works. The State’s advice is included
as Appendix 3.

Assessment

The proposal requires a development application for Prescribed Tidal Works to Noosa Council as the
assessment manager under the Sustainable Planning Act 2009. The application must be assessed
against each of the following statutory planning instruments to the extent they are relevant to the
development:

         •   The South East Queensland Regional Plan;
         •   State Planning Regulatory Provisions;
         •   State Planning Policies; and
         •   The Noosa Plan.

The statutory planning instruments relevant to this application are discussed below.

South East Queensland Regional Plan 2009-2031

The South East Queensland Regional Plan includes the site in the Regional Landscape and Rural
Production Area, which permits prescribed tidal works.

Sustainable Planning Regulation 2009

The site is located within the mapped ‘Coastal Management District’ and the Sustainable Planning
Regulation 2009 (Schedule 3, Part 1, Table 4, Item 5a) requires the proposed ‘tidal works’ to be code
assessable under the State Development Assessment Provisions (SDAP) Module 10 – Coastal
Protection & 14–Maritime Safety.

The proposed tidal works within the Coastal Management District are appropriate for the location and
will support the safe operation of vessels, consistent with the Overall Purpose of the codes. A detailed
assessment against the code is provided in Appendix 4.

State Planning Policy

The Interim Development Assessment requirements under Part E of the State Planning Policy apply
for the assessment of development applications by a local government until a planning scheme that
appropriately integrates the state interests in the SPP.

The proposed works are for the maintenance and alteration of an existing jetty within an existing lease
area. The works minimise adverse impacts on coastal processes consistent with the relevant
assessment criteria.

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The Noosa Plan

The Noosa Plan includes the site within the Tewantin & Doonan Locality and does not include the site
in any zoning categories. In accordance with section 2.10.1 of The Noosa Plan the watercourse takes
on the zoning of the adjoining land, which is the Open Space Recreation zone.

Division 13, Table 12.11 outlines the assessment table for development other than material change of
use and requires prescribed tidal works to be assessed against the following codes:

    •   Tewantin and Doonan Locality Code; and
    •   Table 14.64 of the Watercourse Works Code.

The proposed prescribed tidal works have been reviewed against the applicable codes and is detailed
in Appendix 5.

Additional storage building
The proposal does not meet Specific Outcome O21f) of the Watercourse Works Code which seeks no
net increase in the gross floor area of buildings or structures. The application proposes a 12m2 (2.4m
high) additional storage shed along the south western end of the lease area. As the development
does not strictly meet the Specific Outcome, an assessment against the relevant Overall Outcomes is
required. The relevant Overall Outcomes are outlined below:

12.7.2 a)       New uses and works are located, designed and managed to—
                        i be compatible with other uses and works;
                        ii maintain the safety of people and works;
                        iii avoid significant adverse impacts on the amenity enjoyed by users of other
                        premises including acoustic and visual qualities;
        t)      ..development provides for low impact nature-based recreation activities in and
                around the Noosa River over other forms of more intensive recreation.

The 5.3m x 2.3m (12m2) x 2.4m high storage building is a timber construction, with 15 degree pitched
roof and eaves compatible with other small boat sheds along the waterway. The building will also be
finished in sympathetic colours to the local environment. The proposed works improve the visual
qualities of the existing marine facility and allow for secure lockup and storage of materials within the
lease area closer to the shore. Currently, the storage of materials associated with the marine facility
(i.e. life jackets, empty fuel containers, rubbish bins and the like) are located on the jetty and under
small awnings at the head of the jetty.
The proposed building is small scale and has been designed to be sympathetic to the existing uses
on the Noosa River. The resulting built form will have less impacts than a large boat moored at the
marine facility in the same location, or an open shed type structure up to 3m wide, which would not
increase the Gross Floor Area on the site.
The design will not have any adverse impacts on the amenity enjoyed by users of the river or other
premises, consistent with the Overall Outcomes of the Locality Code.

CONCLUSION

In conclusion, the prescribed tidal works associated with the upgrading and maintenance of an
existing marine facility at 9 Cardell Road complies with the applicable State and Local Planning
Codes. The works have been appropriate designed for the site based on prelodgement discussions
with the State and Local governments over the last 2 years. The application can be supported on a
number of grounds as detailed in the above report. These grounds that support the proposed
boundary re-alignment include, but are not limited to, the following:

    •   The purpose and jetty use area of the marine facility will remain the same;
    •   Replacement of the existing jetty with a wider jetty with hand rails will comply with current
        anti-discrimination (disability access) and building standards;

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    •   Relocation of the reception and storage area will improve public safety and security by
        locating it closer to the jetty entry;
    •   Access to the site and adjoining foreshore areas are not affected; and
    •   The additional small scale storage shed, designed with appropriate materials, pitch and eaves
        sympathetic to the existing uses on the Noosa River, and will reduce the existing storage of
        materials on the open jetty improving the visual qualities of the river and foreshore.

    The Assessment Manager’s favourable consideration of the above development application is
    therefore recommended. Please contact our Sunshine Coast office if you require any further
    information and/or clarification with respect to the above application.

Yours sincerely,




Jack Lewis

Senior Town Planner

Martoo Consulting