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07/1173 - Applicants response to Council's assessment requests [As Published] · 142007.1173
i | \ | date reference contact attention re 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
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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.
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ons, ReE 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
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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 2} ose 1520546 338°26'50"| 3-663 3-10 | “aseas: 45 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 oO NOOSA 4 5 88°46" Calc 6 \ = j 24-0 Cale | = = = 164 163 5 2 zg uU 962m Ie | cpsorsor S ws S15 = als alg | = al8 915 | | > 8 stora| |® | x a ® tT ® “yell | 1 wl? a "18 5. — CC | 78 IS -R1235 ‘ CP887256 » * 9 ——— Io _—— a Q D . = — 5 ! \ é GYMPIE | \ 5 \. TERRACE 3 | \ aS) \ hb | \ = | \ = ! \ = I \ = No OMk ONail in | \ 9 GalvéP | N ~ O-0355, 0-04" | \ % O Screw | \ m O Screw in Kb | \ > ONail in path 2 \ No O Mk Q 4 271936" 6 96348. LO 9/°36° W m NTS = } : | (8) / 2 / uk cepz2i2677) || (R°209770) | RP899992 (RP8B3490) re wo oO BUP102780 RPBE9O6 RP6GBEB 2 om2743'\\_ Grpezi7 |S GTP2026 GO ws So GTP2096 |\O S . 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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