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

 

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.