OPW16/0016 - Planning & Environment Court Appeal 281/2017 Refusal of Development Permit for Operational Works - prescribed tidal works situated at 2 Parkyn Court, Tewantin

OPW16/0016 - Planning & Environment Court Appeal 281/2017 Refusal of Development Permit for Operational Works - prescribed tidal works situated at 2 Parkyn Court, Tewantin

Document information

Author	Coordinator Engineering, Mark Lewis
Planning & Infrastructure Department

Index	ECM/ Application/ OPW16/0016

Attachments	Nil

APPLICATION DETAILS
Applicant	Quadrant Holdings Pty Ltd C/- Project Urban
Proposal	Operational Works – Prescribed Tidal Works (Deck)
Properly Made Date	18 May 2016
Information Request Date	3 June 2016
Information Response Date	27 July 2016
Decision Due Date	19 September 2016
Number of Submissions	Not applicable

PROPERTY DETAILS
Property Address	2 Parkyn Court, Tewantin
RP Description	Lots 388 & 400 MCH 839039, Lot 178 MCH 5169
Land Area	1.451 Ha
Existing Use of Land	Noosa Marina

STATUTORY DETAILS
SEQRP Designation	N/A
Locality	Tewantin
Zone	Open Space Recreation
Overlays	Acid Sulfate Soils, Flood Hazard
Assessment Type	Code

RECOMMENDATION
That Council note the report by the Coordinator Engineering to the Planning & Environment Committee Meeting dated 7 March 2017 regarding Planning and Environment Court Appeal 281/2017 and agree to defend the appeal.

REPORT
A report on this application to construct a deck on the northern side of the Noosa Marina was presented to the Planning & Environment Committee meeting on 6 September 2016 and subsequently deferred at the Ordinary Meeting to allow staff to hold further discussions with the applicant on their future plans for the facility.  Council staff subsequently met with the applicant wherein additional information was provided by the applicant.  This additional information was presented to Council’s Planning & Environment Committee on 6 December 2016 wherein staff advised that the construction of the deck was not well considered as the deck was a substantial structure and had the potential to provide for expansion of the commercial uses on the site, without giving due consideration to the impacts of the structure and expanded uses.

Council at its Ordinary Meeting on 15 December 2016 subsequently resolved to refuse the Operational Works application for the following reasons:
The proposed deck does not comply with Overall Outcome and Specific Outcomes of the Noosa Plan’s Watercourses Works Code and Tewantin and Doonan Locality Code.
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.
The proposed development will create the potential to intensify the commercial uses by increasing the available deck areas within the marina.
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

As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal with the Planning & Environment Court maintaining that the proposed deck meets provisions of The Noosa Plan and the IDAS Code of the Coastal Protection and Management Regulation 2003.  The applicant seeks that the Planning & Environment Court approve the application subject to reasonable and relevant conditions.

It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration

Ordinary Meeting, 15 December 2016, Item 2, Page 8
That Council note the report by the Coordinator Engineering to the Planning & Environment Committee Meeting dated 6 December 2016 regarding application OPW16/0016 for a Development Permit for Operational Works – Prescribed Tidal Works (Deck) at 2 Parkyn Court, Tewantin 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 and Tewantin and Doonan Locality 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 create the potential to intensify the commercial uses by increasing the available deck areas within the marina,
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.

Finance & Risk

Should the matter proceed to trial there will be costs in defending the appeal.

Consultation

External Consultation - Community & Stakeholder

Wakefield Sykes Solicitor

Internal Consultation

Departments/Sections Consulted:

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 MARCH 2017