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

    -   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.