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07/1173 - Applicants response to Council's assessment requests [As Published] · 142007.1173

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JONES FLINT & PIKE PTY. LTD. ABN 79050414045

JONES FLINT & PIKE

development consultants, :
planners, surveyors, landscape architects

MAROOCHYDORE

25 June, 2008
M2248
Patrick Atkinson

BRISBANE

JF&P House

Cnr Ernest and Menvaie Streets, South Bnsbane.
Phone (07)3844 7161 fax (07}3846 1959

PO. Box 3634, South Brisbane, Queensland 4101
email brsbane@ip com.au

  
 
 

The Chief Executive Officer \, :
Sunshine Coast Regional Council’

(Northern Division — Noosa) ” phone (07) 5443 2500. tax (07) S443 4759
PO Box 141 eval matoochydoe@ip coma
TEWANTIN QLD 4565 GLADSTONE

59 Goondoon Street.
phone (07)4972 2100 fax (07)4972 5444
PO.Sox 172, Gladstone, Queensland 4680

Land Use Section - Mr Dennis Wallace e-mail [email protected]
‘Development Application for Operational Works — ww jtp.com.au
‘Prescribed Tidal Work; Transport Type 6 — Refurbishment

‘of an existing Boathouse and Jetty located at 172 Gympie

Terrace, Noosaville and described as Lot 164 of CP907410

1

‘Council Ref: 2007/1173

SUNSHINE COAST
237-239 Bradman Avenue, Maroochydore,

Dear Dennis,

We have been engaged to act on behalf of Heritage Jetties Pty Ltd to assist with achieving an
approval for the prescribed tidal works on Lot 164 on CP907410 (‘the site”). The site is a
leasehold area located within the foreshore of the Noosa River. The majority of the site is located
primarily below the High Water Mark (“HWM”), however, a small portion of the eastern side of the
site is located above HWM. The portion of the site where the development is proposed is located
below the HWM, and as such, an application for Operational Works — Prescribed Tidal Works is
deemed as the suitable method for the assessment of the application.

The Operational Works — Prescribed Tidal Works (Transport Type 6) seeks consent to refurbish
the existing improvements which are contained within the site. The Council reference to the
application is 2007/1173.

We now make reference to the Council's correspondence dated 16 April, 2008. We note that the
key intent of that correspondence is to advise the Applicant that it is necessary to obtain a
development permit for a Material Change of Use before the current Operational Works
application can be approved. In response to the Councils’ request the applicant instructed Mr
David Nicholls of Hopgood Ganim Lawyers to investigate the circumstances surrounding the
application and then to provide advice with respect to the validity of the Councils’ requirement.

The advice that has been received from Mr Nicholls is summarised as follows:

e Section 2.1.2(2) of the Integrated Planning Act 1997 (IPA) extends a Councils’ local
government area to below the high water mark for the purposes of assessing applications
for prescribed tidal work.

e The Council is entitled to exercise jurisdiction over the subject land to the extent that the
Application involves prescribed tidal work on the portion of the land below the high water
mark, and is the Assessment Manager for the application.

« The Council must assess the Application against the Prescribed Tidal Work Code, the
IDAS code in Schedule 4A of the Coastal Protection and Management Regulations 2003
and can only have reference to the provisions of the Noosa Plan to the extent stated in
this Code.

J.C.Franktin, GODURP MRAPI MDiA
LAThomson, BApp Sc{Surv) ADIp(Surv} MSSI
M.I. Fitzgerald, BSurv MSSI

B.W, Butler, BApp Sc(Surv} MSSI

 

MEMBER OF AUSTRALIAN SPATIAL INFORMATION BUSINESS ASSOCIATION « QUALITY ASSURED SUPPLIER + MEMBER OF URBAN DEVELOPMENT INSTITUTE OF AUSTRALIA
Full text of the other 3 pages

Page 2

 

an

M2248
Page 2 26/06/2008

 

 

e A local government's planning area or planning scheme is not extended beyond the high
water mark for the purposes of a Material Change of Use application.

e Except for prescribed tidal work, no assessable development can occur on land below the
high water mark, consequently, no development permit (and therefore no Development
Application) is required to authorise any material change of use on land below the high
water mark.

e On the information provided it seems unlikely that there is any Material Change of Use of
the land above the high water mark.

In summary we have been advised that that the Council must assess the current application
against the Prescribed Tidal Works Code. The IDAS code is found in Schedule 4A of the Coastal
Protection and Management Regulations 2003. Furthermore, the Council can only make
reference to the provisions of the Noosa Plan to the extent that is stated in this Code.

To remove any doubt, the advice that we have received has concluded that the local
government's area or planning scheme area does not extend beyond the high water mark and no
assessable works or changes in use are proposed within the portion of the site which is within the
planning scheme area. As such, the Councils’ request that a Material Change of Use Application
be made is not justified by the circumstances of the application. A copy of CP907410 is attached
for your review. The Crown Plan identifies the location of the high water mark.

Therefore it is our contention that the applicant has provided sufficient information for the
application to be assessed. In this regard we make particular reference to our correspondence
and attachments dated 01 April, 2008.

We also note that the Council is concemed regarding any potential increase in passengers using
the facility. In response to this concer, it should be noted that the proposed development is within
the limitations set out within the lease as a “Maritime Facility”. No works are proposed outside of
the lease area and the works detailed in the plans previously provided clearly demonstrate that
the use of the facility will be in accordance with the terms detailed in the lease documentation.

To be specific, the Council's current licensing in this regard is irrelevant in the assessment of the
proposal against Schedule 4A of the Coastal Protection and Management Regulations 2003. In
addition, we have been advised that the Noosa River Plan has no statutory relevance in regard to
the assessment of the application.

As such, we respectfully request that the Council provide approval for the development as
proposed, subject to the imposition of reasonable and relevant conditions.

We wish to reiterate that the Applicant is committed to providing a refurbishment solution which is
in keeping with the Council’s general intent for the locale. It should be noted that the building bulk
has been significantly reduced from that proposed on the original plans. The construction of a new
pontoon will increase safety and enhance the aesthetic appearance of the facility. The proposed
use of the facility is well within the terms of the lease. In fact, the proposed development has
much less impact, in terms of scale and extent, than the facility could cater for under the terms of
the lease.

We therefore are keen to restate our client's desire to protect and enhance the key values which
the Council also seek to uphold. This is specifically the case with regards to protecting the social
and amenity values which the Noosa River provides to the local community. In acknowledging
this, it is also necessary to recognize that our client possesses a fundamental right to use the
leasehold area in accordance with the terms detailed in the lease.

Page 3

 

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M2248
Page 3 26/06/2008

 

If any further discussion regarding issues pertaining to this application is required, please contact
the undersigned or Patrick Atkinson at our Maroochydore Office.

Yours faithfully,
JONES FLINT & PIKE PTY LTD

   

CP907410

CC: Heritage Jetties P/L

Page 4

LAND TITLE ACT 1994

SURVEY PLAN

FORM 2! VERSION |

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

REFERENCE MARKS TRAVERSES ETC ;
pm o ORIGN | BEARING | DIST UNE_| BEARING | DISTANCE 8
! 0 Screw RP209757 | 354°08'40"| 2-244 a ; ; &
2 ONolt in Rpagsge2 | 0x45" | 2.5355 bo pape pi "
footpath 3-4 | 358°46" 45
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crew Inkb | Ri 359°30°25" | 1-038 . wo
5 on pig Nite 7-12 |123°27'45"| 27-523 Ss
7 | Screw in cone 268°46" | 1973 Ss ~
| Screw in kb 29519" | 14-765 cm
2 arp cp907408 | 270°14' | 6-985 RIVER e
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Peg placed at stns 4,8,9,10
Nail in RFP placed at stn 7
No Mk placed at stns 5 & & (under water)
Pin paced at sin 3
NOOSA MAPPING & SURVEYS pry LTD ACN 010 564 404
romoat cass site bacaieaet
erty iat Gepentvccante atte
Tespon: , e
Shoewact Bi outeetrepessepicus ase | PLAN OF Lot 164 PARISH WE YBA
Men asRiEyS o COUNTY March
sowntocauty  NOOSAVILLE
toca covermenr NOOSA S. C.
tanns negion SOUTH-EAST
ORIGINAL Lot (51 on CP887256 [#0 survey Recoaos DePositeo] MINING DISTRICT
MERIDIAN MAP REF SCALE ERRORSED | ARCHIVED
Vide : ACCREDI CROWN pcan907410
200757 [2545 33412) 1:600 YT VAL ab RISBANE
10 20 30 40 $0 60 70 80 90 100mm CROWN COPYRIGHT RESERVED

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